Question

3. Read this passage:

A state has recently passed a law shutting down all news organizations that promote a particular political ideology or criticize others for their political beliefs. Several newspapers sue the state, claiming that the Fourteenth Amendment guarantee of due process means their First Amendment rights to freedom of speech and freedom of the press must be upheld. The state defends the law by claiming that the protections in the Bill of Rights apply only to the federal government, not to the states. A federal judge sides with the newspapers, arguing that the Fourteenth Amendment extends every Bill of Rights protection to state governments.
Then, answer these questions:
Does the judge in the passage support the doctrine of selective incorporation or total incorporation? Explain your reasoning.
What is the relationship between the due process clause and the disagreement between the state and the newspapers? (4 points

Answer 1

In this case, the federal judge supports total incorporation. This is evident from his ruling that sides with the newspapers. By making this ruling, the judge is establishing the precedent that the rights guaranteed in the US Constitution apply to all states.

The Due Process clause of the 14th amendment states that the government cannot deprive individuals of "life, liberty, or property" without due process of law. This means that citizens must have the ability to take this ruling to court while being represented by legal counsel. In this scenario, the newspapers are arguing that they did not have a fair chance to protect themselves against this new state law. This law was forced on them and is hurting their ability to pursue "liberty."