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19 Cards in this Set
- Front
- Back
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writ of habeas corpus
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court order requiring explanation to a judge why a prisoner is being held in custody
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ex post facto law
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retroactive criminal law that works to the disadvantage of an individual, forbidden in the Constitution
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bill of attainder
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legislative act inflicting punishment, including deprivation of property, without trial, on named individuals or members of a specific group
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due process clause
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Clause in the 5th Amendment limiting the power of the national government. Similiar clause in the 14th Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law
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selective incorporation
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process by which provisions of the Bill of Rights are brought within the scope of the 14th Amendment and so applied to state and local governments
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establishment clause
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1st Amednment clause that states that Congress shall make no law respecting an establishment of religion. Supreme Court has interpreted it as forbidding government support to any/all religions
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vouchers
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money provided by the government to parents for payment of their children's tuition in a public or private school of their choice
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free exercise clause
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1st Amendment clause that states that Congress shall make no law prohibiting the free exercise of religion
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bad tendency test
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interpretation of the 1st Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action
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clear and present danger test
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the government can't interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts (ex. "fire!" in a crowded theater)
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preferred position doctrine
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freedom of expression is so essential to democracy that governments shouldn't punish for what we say, only what we do
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nonprotected speech
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libel, obscenity, fighting words, and commercial speech, which aren't entitled to constitutional protection in all circumstances
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libel
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written defamation of another person; tests to restrict libel actions are very rigid
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sedition
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attempting to overthrow the government by force or to interrupt its activities by violence
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obscenity
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quality or state of work that depicts a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
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fighting words
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words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
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commercial speech
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adverts and commercials for products and services; receive less 1st Amendment protection, primarily to discourage false and misleading ads
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prior restraint
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censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional
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civil disobedience
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deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition
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