Which of the following is a category of fundamental rights under substantive due process?

• A. Bodily integrity matters
• B. Free speech
• C. Right to counsel
• D. Right to a speedy trial

Answer: (A)

Substantive due process protects fundamental liberties that are deeply rooted in our history and traditions or are essential to ordered liberty. Bodily integrity matters fall into this category because they concern personal autonomy over one’s own body and freedom from government intrusion. When the government restricts or coerces in a way that affects the body without a strong justification, courts apply strict scrutiny to protect that fundamental right.

Free speech is a fundamental right too, but it’s primarily a First Amendment issue (and its protections are extended through incorporation). Rights to counsel and a speedy trial come from the Sixth Amendment and are considered procedural protections rather than a core category of substantive due process rights. Therefore, the category that fits a fundamental right under substantive due process is bodily integrity matters.