How did the Fourteenth Amendment apply due process protections to actions by state governments?

The Fifth Amendment originally applied only to the federal government, leaving individuals without a federally enforceable due process restraint against state actions. The ratification of the Fourteenth Amendment in 1868 corrected this by explicitly forbidding states from depriving any person of "life, liberty, or property, without due process of law".123

Through a process known as "selective incorporation," the Supreme Court has used this clause to apply specific protections of the Bill of Rights to the states. Starting with cases like Gitlow v. New York (1925), the Court held that states must adhere to the same constitutional standards as the federal government regarding fundamental rights, such as freedom of speech, freedom of the press, and the right to a fair trial.2

Over time, the Supreme Court has selectively incorporated most of the Bill of Rights into the Fourteenth Amendment’s due process clause, ensuring these protections are shielded from state infringement. This evolution established that states must comply with principles of justice deemed "fundamental" to the traditions and conscience of the people.12