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5 Cards in this Set
- Front
- Back
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Clear and Present Danger Test
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A legal interpretation that reconciled two views of the first amendment right of free speech, the first that congress could not pass any law to restrict speech and teh second that it could punish harms caused by speech. Congress could only punish speech that created a "clear and present danger" of bringing about the actions that congress is authorized to prevent.
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Communist Control Act
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A federal law enacted in 1954 which declared the communist party to be part of a conspiracy to overthrow the government.
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Due Process Clause of the Fourteenth Amendment
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A part of the constitutional amendment ratified in 1868 that has been used by the supreme court to prevent state governments from infringing "fundamental personal rights," such as freedom of speech.
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Espionage act and Sedition Act
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Federal laws enacted in 1917 and 1918 which made it a crime to utter false statements that would interfere with military, to use the mails to advocate treason or resistance to laws, or to express any disloyalty intending to incite resistance to the war effort.
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Establishment Clause
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One of two first amendment clauses dealing with religion. It forbids government involvement in religion, even on a non preferential basis. It has been interpreted as erecting a wall of separation between church and state.
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