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20 Cards in this Set

  • Front
  • Back
Freedom of Expression
the right of an individual Americans to hold and communicate views of their choosing
Clear-and-present-danger test
determining when gov't had exceeded its constitutional authority to restrict speech
symbolic speech
ex: wearing or burning the flag
prior restraint
gov't prohibition of speech or publication before the fact
iminent-lawless-action test
a strong limit on the gov'ts power to restrict expression
Establishment Clause
gov't may not favor one religion over another or support religion over no religion
Free-exercise Clause
Americans are free to hold any religious belief they choose
procedural due process
procedures that authorities must follow to properly try a convict
1st amendment
right to speech, assembly, and religion
4th amendment
search and seizure, arrest
5th amendment
self-incrimination (right to remain silent), double jeopardy, due process
6th amendment
counsel + prompt and reasonable proceedings
8th amendment
bail + cruel and unusual punishment
exclusionary rule
bars the use in trials of evidence obtained in violation of a person's rights
mandatory minimun sentencing
sentence is already described for you and the judge cannot change it
3 stikes law
on 3rd strike, you get 25 to life
Patriot Act
allowed screening of email and phone calls, can be argued as violation of 4th amend
selective incorporation
incorporation into the 14th amend of certain provisions of the bill of rights, particularly freedom of speech and the press, so they can be protected from infringement on the states