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20 Cards in this Set
- Front
- Back
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Bill of Rights
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1st 10 Amendments clarifying what national govt cannot do to people.
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Civil Liberties
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??
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Clear-and-present danger doctrine
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Congress can punish speech that is used to make a dangerous situation
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Commercial speech
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Due-process clause
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No state shall deprive any person of life, liberty, property without due process of law - 14th Amendment
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Establishment clause
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2nd part of 1st Amendment - Congress cannot control the establishment of a religion
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Exclusionary rule
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Evidence gained in violation of the Constitution cannot be used in trial
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Free-exercise clause
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1st part of 1st Amendment - saying that govt cannot prohibit free exercise of religion
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Gitlow v. New York
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provisions of 1st Amendment are to be followed by states as well.
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Libel
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Written statement that defames character of another person
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Mapp v. Ohio
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Established the use of the exclusionary rule
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Miranda v. Arizona
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Established that person must be read his rights and understand them upon being charged.
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Patriot Act
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Created as a result of 9/11, believed to violate Constitution
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Obscenity
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Not protected by 1st Amendment
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Prior restraint
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censorship - telling the press what they can/cannot print
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Probable cause
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a good reason to believe that a crime has been committed, that evidence will be found
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Search warrant
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order from judge authorizing the search of a place
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Selective incorporation
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most (not all) of Bill of Rights is used to restrict state governments
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Slander
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the written form of libel
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Symbolic speech
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Expression through actions rather then words, usually unrestricted.
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