EK 3.8.A.1

The Fifth and Fourteenth Amendments include clauses which state that the government may not infringe on a person’s right to life, liberty, or property without due process of law. The due process clause in the Fifth Amendment applies to the national government and the due process clause in the Fourteenth Amendment applies to states. Some government interests may justify the restriction of individual rights; for example, speech can be limited when it is shown to present a danger to public safety.