Question

A stand-up comedian is accused of violating a new state law that makes it illegal to insult someone based on his or her gender, race, or religion. He is ordered to pay a steep fine and told that he cannot appeal the penalty. The comedian's lawyer claims that this is unfair, as the law had not been widely publicized. She also argues that denying defendants the right to appeal is a violation of state law.

What principle is the lawyer relying on to defend her client?

A. Freedom of speech.
B. Substantive due process
C. Procedural due process
D. Equal protection​

Answer 1

C. Procedural due process

Step-by-step explanation:

The principle that the lawyer is relying on to defend her client is C. Procedural due process. Procedural due process is a principle that requires the government to follow fair and regular procedures when making decisions that affect a person's rights, including providing notice of charges and an opportunity to be heard in a fair and impartial hearing. In this case, the lawyer is arguing that denying the defendant the right to appeal is a violation of the procedural due process, as it is an essential component of a fair and impartial hearing. Additionally, the lawyer's argument that the law had not been widely publicized suggests that the defendant did not have proper notice of the law, which is another violation of procedural due process.