Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
15 Cards in this Set
- Front
- Back
|
Actual Malice
|
Either knowledge of a defamatory statement’s falsity or a reckless disregard for the truth.
|
|
|
Civil Liberties
|
Those personal freedoms that are protected for all individuals. Civil liberties typically involve restraining the government’s actions against individuals.
|
|
|
Clear and Present Danger Test
|
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.
|
|
|
Commercial Speech
|
Advertising statements, which increasingly have been given First Amendment protection.
|
|
|
Defamation of Character
|
Wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.
|
|
|
Establishment Clause
|
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design.
|
|
|
Exclusionary Rule
|
A policy forbidding the admission at a trial of illegally seized evidence.
|
|
|
Free Exercise Clause
|
The provision of the First Amendment guaranteeing the free exercise of religion.
|
|
|
Gag Order
|
An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused’s right to a fair trial.
|
|
|
Incorporation Theory
|
The view that most of the protections of the Bill of Rights apply to the state governments through the Fourteenth Amendment’s due process clause.
|
|
|
Libel
|
A written defamation of a person’s character, reputation, business, or property rights.
|
|
|
Prior Restraint
|
Restraining an action before the activity has actually occurred. When expression is involved, this means censorship.
|
|
|
Public Figure
|
A public official, movie star, or other person known to the public because of his or her position or activities.
|
|
|
Slander
|
The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing or, persons other than the defamed party.
|
|
|
Symbolic Speech
|
Nonverbal expression of beliefs, which is given substantial protection by the courts.
|
