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