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26 Cards in this Set

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