A federal statute makes it a felony to engage in any commercial act involving the "cruelty,wounding,or killing" of an animal or depicting anything being to an animal that is prohibited by law.Robert Stevens ran a website that sold films of dog fighting,many of which were films done in Japan where such activity is not illegal.He was convicted of violating the federal statute.Stevens appealed his case on the grounds that his First Amendment rights were violated because the statute was overly broad.What theory of constitutional law would Stevens be using in his appeal?
A)Procedural due process
B)The Commerce Clause
C)Substantive due process
D)The Fifth Amendment

Question

Quizplus · Accepted Answer

Stevens would be using the theory of substantive due process in his appeal. This theory ensures that laws do not violate fundamental rights and liberties, including those protected by the First Amendment. Stevens argues that the statute is overly broad and could restrict speech that is protected by the First Amendment, such as documentaries or news reports on animal cruelty.

A Federal Statute Makes It a Felony to Engage in Any