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18 Cards in this Set
- Front
- Back
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Due Process Clause
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outlined in the fourteenth amendment, most important part of constitution besides 1st amendment –principle that the govt must respect all legal rights of citizens according to the law, govt is submissive to the laws of the land, protecting people from the state
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Clear and Present Danger Doctrine
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developed to justify censorship, indirectly limited what govt might do. Congress can’t regulate speech unless it poses a clear and present danger-outlined in Schenck vs. US
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Establishment clause
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: The clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress
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Exclusionary Rule
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A law that prohibits the use of illegally obtained evidence in a criminal trial (Mappv.Ohio)
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Free Excercise Clause
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Congress shall make no law ... prohibiting the free exercise {of religion}.
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Lemon Test
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Supreme Court’s standard for determining whether the 1st amendment right of free religion has been violated- all laws have nonreligious purposes, cant establish laws that to promote one religion or religion as a whole, and considers it a sign of or religious establishment if the law entangled public officials with religious activities.
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Neutrality Test
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when government passes a neutral law-generally applicable to prevent criminal behavior- individuals can’t claim religious exemption. Govt then passed an act that protected religious activities even if a neutral law would prohibit them.
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Obscenity
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publically offensive language or portrayals with no redeeming social value
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Prior Restaint Doctrine
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gives individuals the right to publish without prior restraint-without first submitting material to a government censor
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Right to Privacy
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Right to be free of government interference in those aspects of one’s personal life that do not affect others
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Selective Incorporation
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the case-by-case process through which the Supreme Court applies to the Bill of Rights to the states by citing the due process clause of the 14th amendment-used with the very important phrase of nationalization of the bill of rights
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Symbolic Speech
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Nonverbal gestures and actions that are meant to communicate a message.
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1st Amendment
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can’t make laws establishing a religion, prohibiting exercise of religion, freedom of speech, press, or of the right of people to assemble, and to petition the govt
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4th Amendment
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protection against unreasonable search or arrest
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5th Amendment FIF
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protection from self-incrimination (I plead the 5th), double jeopardy, the Miranda rule (read your rights when you’re arrested) and that you have a right to trial by jury
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9th Amendment
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that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated
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11th Amendment
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Prohibits an individual from suing a state government in the federal courts
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14th Amendment
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all people that are born or naturalized are citizens and they get the rights of life liberty and property, without the due process of law
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