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19 Cards in this Set

  • Front
  • Back
writ of habeas corpus
court order requiring explanation to a judge why a prisoner is being held in custody
ex post facto law
retroactive criminal law that works to the disadvantage of an individual, forbidden in the Constitution
bill of attainder
legislative act inflicting punishment, including deprivation of property, without trial, on named individuals or members of a specific group
due process clause
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
selective incorporation
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
establishment clause
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
money provided by the government to parents for payment of their children's tuition in a public or private school of their choice
free exercise clause
1st Amendment clause that states that Congress shall make no law prohibiting the free exercise of religion
bad tendency test
interpretation of the 1st Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action
clear and present danger test
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)
preferred position doctrine
freedom of expression is so essential to democracy that governments shouldn't punish for what we say, only what we do
nonprotected speech
libel, obscenity, fighting words, and commercial speech, which aren't entitled to constitutional protection in all circumstances
written defamation of another person; tests to restrict libel actions are very rigid
attempting to overthrow the government by force or to interrupt its activities by violence
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
fighting words
words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
commercial speech
adverts and commercials for products and services; receive less 1st Amendment protection, primarily to discourage false and misleading ads
prior restraint
censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional
civil disobedience
deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition