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26 Cards in this Set
- Front
- Back
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"clear and present danger" test
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A Supreme Court formula to legitimate the abridgement of the right of free speech
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communist control act
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a 1954 act denying legal rights to the communist party
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conscientious objector
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one who refuses military service on religious or ethical grounds
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creationism
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a teaching on the orgin of the world found to be religiously inspired
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due process clause
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protection against arbitrary deprivation of life, liberty, or property as guaranteed in the fifth and fourteenth amendments
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establishment clause
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the first amendment clause prohibiting an official religion
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exclusionary rule
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the prohibition against the use of illegally obtained evidence in court
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free exercise clause
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the first amendment clause guaranteeing religious freedom
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freedom of expression
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part of the first amendment protecting freedom of speech, press, assembly, and the right to petition the government
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freedom of religion
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part of the first amendment protecting the free exercise of religion and prohibiting an establishment of religion
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good-faith exception
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admission of illegally obtained evidence if illegality results from a technical or minor error
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internal security act
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a 1950 act criminalizing the advocacy of violent revolution
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least means
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the use of only minimal measures to restrict potentially dangerous expression
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libel
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harming another by publishing defamatory statements
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McCarthyism
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Originated during communist witch-hunt in the 1950's, unfair accusations that tarnish a person's reputation
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Miranda
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A supreme court case that led to rules that police officers must follow in warning arrested persons of their rights.
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preferred position
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the supposed superiority of rights of expression over other constitutional rights
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prior restraint
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a gov action to prevent rather than punish certain expressions
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probable cause
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the legal basis for the issuance of a search warrant
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Red Scare
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the government suppression of American leftists after the 1917 Bolshevik Revolution in Russia
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released time
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a period during the public school day when students get religious instruction
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search warrant
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a written authorization to police officers to conduct a search
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Sedition Act
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A federalist bill of 1789 criminalizing criticism of government
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Smith Act
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a 1940 act criminalizing the advocacy of violent revolution
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symbolic speech
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an act that conveys a political message, such as burning a draft card to protest the draft
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wall-of-separation principle
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an interpretation of part of the first amendment that prevents government involvement with religion
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