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32 Cards in this Set
- Front
- Back
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human rights
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fundamental freedoms, lies at the heart of the United States political system and enables citizens and noncitizens to worship as they wish, speak freely, and read and write what they choose. (pg 355)
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Bill of Rights
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basic rights of the United States in the Constitution ( first 10 amendments). (pg 355)
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incorporation
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extended the Bill of Rights to all levels of government (pg 356)
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Barron V. Baltimore
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(1833) upheld the view that the Bill of Rights was not intended to limit state and local governments. (pg 356)
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14th Amendment
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defined citizenship, but also laid the groundwork for making individual rights national (pg 356)
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Gitlow V. New York
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(1925) Court ruled that freedom of speech was a basic right that no state or government could deny to any person. (pg 357)
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nationalization
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citizens who believe that a state or local authority has denied them their basic rights may take their case to the federal court. (pg 357)
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establishment clause
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states that " Congress shall make no law respecting an establishment of religion ".(pg 358)
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free exercise clause
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prohibits government from unduly interfering with the free exercise of religion (pg 358)
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parochial schools
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schools operated by a church or religious group (pg 359)
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Board of Education V Allen
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(1968) the Court upheld programs to provide secular, nonreligious, textbooks to parochial schools. (pg 360)
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secular
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nonreligious (pg 360)
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Lemon V Kurtzman
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(1971) Court used a three-part test to decide whether such aid violates the establishment clause (pg 360)
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abridged
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limited (pg 363)
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precedent
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devisions made on the same issue in earlier cases (pg 364)
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pure speech
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is the most common form of speech (pg 366)
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symbolic speech
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involves using action and symbols, in addition to or instead of words to express opinions (pg 366)
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"clear and present danger "
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if a conflict between free expression and the demands of public safety occurs, this is what the judges frequently rely on (pg 368)
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bad tendency doctrine ( Gitlow v New York)
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(1925) the court held speech that could be restricted even if it had only a tendency to lead to legal action.
-this doctrine has not generally had the support of the Sepreme Court itself since the 1920s (pg 368) |
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preferred position doctrine
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holds the First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties. (pg 368)
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defamatory speech
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false speech that damages a person's good name. (pg 369)
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slander
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defamatory speech that is spoken (pg 369)
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libel
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defamatory speech that is written (pg 369)
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prior restraint
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censorship of information before it is published (pg 371)
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sequestered
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kept isolated (pg 373)
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gag order
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order by a judge barring the press from publishing certain types of information about a pending court case (pg 373)
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shield laws
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laws that give reporters some means of protection against being forced to disclose confidential information or sources in state courts (pg 374)
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federal communications committee (FCC)
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a government agency that regulates their actions (pg 374)
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holocaust
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the mass extermination of Jew's and other groups by the Nazi's during WWII (pg 379)
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heckler's veto
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the public vetoes the free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence. (pg 379)
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Clear and present danger doctrine
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later became a major issue when the government began to arrest and convict accused subversives, primarily Communist party members during the 1950s (pg 382)
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seditious speech
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any speech urging resistance to lawful authority or advocating the overthrow of the government. (pg 367)
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