Malloy V. Hogan

Malloy v. Hogan, 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed a defendant's Fifth Amendment right against self-incrimination was applicable within state courts as well as federal courts. The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments.

Malloy, a petitioner, was sentenced to a year in jail for unlawful gambling. After 3 months he was released from jail and put on probation for two years. While he was on probation, he was asked to testify to a state inquiry into gambling and other criminal activities. He refused to answer questions relating to his previous conviction. The court put him back in jail until he testified.