Question

4.2.2 quiz: due process and incorporation
question 5 of 10
which scenario best illustrates a violation of substantive due process?
a. a new law fines book publishers for printing content that is considered unpatriotic.
b. a city council passes a law that imposes a fine for vandalizing public property.
c. a drug dealer with several prior convictions is sent to prison without a trial.
d. a police officer decides not to give a man a ticket even though he is speeding.

Explanation:

Substantive due process focuses on the fairness of the law itself, not just the procedures used to enforce it. It protects fundamental rights (like free speech) from government overreach.

• Option A: Fining publishers for "unpatriotic" content violates the fundamental right to free speech, making the law itself unconstitutional under substantive due process.
• Option B: This is a valid law targeting harmful behavior, no substantive due process violation.
• Option C: This is a violation of procedural due process (denial of trial), not substantive.
• Option D: This is discretionary enforcement, not a violation of substantive due process.

Answer:

A. A new law fines book publishers for printing content that is considered unpatriotic.