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22 Cards in this Set

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civil liberties
the individual freedoms and rights guaranteed to every citizen in teh bill of rights and the due process clause of the fourteenth amendment, including freedom of speech and religion
civil rights
the constitutionally guaranteed rights that the government may notarbitrarilly remove. among these rights are the right to vote and equal protection under the law
clear and present danger test
a free speech test allowing states to regulate only speech that has an immediate connection to an action the states are permitted to regulate
double jeopardy
trying a defendant twice for the same crime; banned by the fifth amendment
double standard
the varying level of intensity by which the supreme court considers cases by which it protects civil liberties claims while also deferring to the legislature in cases with economic claims
exclusionary rule
rule whereby evidence gathered by illegal means, and any other evidence gathered as a result cannot be used in later trials
fighting words
certain expressions so volatile that they are deemed to incite injury and are therefore not protected under the first amendment
hate speech
speech or symbolic actions intended to inflict emotional distress, to defame, or to intimidate people
incorporation
the process whereby the supreme court has found that bill of rights protections apply to the states
least restrictive means test
a free-exercise-of-religion test in which the state was asked to find another way, perhaps through exemptions, to enforce its regulations while protecting all other religions
Lemon test
a test from the 1971 supreme court case lemon v. kurtzman for determining the permissible level of state aid for churh agencies by measuring its purpose on three counts: is it nonreligiouis in nature? does it either advance or inhibit religion? and/or does it produce excessive entanglement of church and state?
libel
published material that damages a person's reputation or good name in an untruthful and malicious way. libelous material is not protected by the first amendment
Miranda warning
A warning that must be recited by police officers to a suspect before questioning: "you have the right to remain silent; anything you say can and will be used against you. you have the right to an attorney. if you cannot afford an attorney, one will be provided for you. do you understand these rights and are you willing to speak with us?" established in miranda v. arizona, 1966
prior restraint
an action in which the government seeks to ban the publiation of controersial material by the press before it is published; censorship
probable cause
a reasonable belief that a crime ahs been, is being, or is about to be committed. searches also require a belief that evidence of that crime may be located in a particular place. police must establish this to a judge to secure a search warrant or retroactively justify a search that has already taken place.
no incorporation
an approach in whih the states would be bound only by the dicates of due process contained in the fourteenth amendment
secular regulation rule
rule denying any constitutional right to exemption on free exercise grounds from laws dealing with nonreligious matters
selective incorporation
an incorporation standard in which some portions of the bill of rights, but not all, were made part of the fourteenth amendment's due process clause, and thus guaranteed against invision by the states
slandar
speech that is untruthful, malicious, or damaging to a person's reputation or good name and thus not protected by the free speech clause of the first amendment
subsequent punishment
laws that would punish someone for an action after it has taken place. for example, laws such as those banning ilibel and obscenity because they are harmful to reputations or public sensibilities punish writers, editors, and publishers after an item appears in print
symbolic speech
some actions, such as burning the American flag, that take the place of speech because they communicate a message
total incorporation
an approach arguing that the protections in the bill of rights were so fundamental that all of them should be applied to the states by absorbing them into the due process clause of the fourteenth amendment.