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15 Cards in this Set
- Front
- Back
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What is the bill of rights?
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The first ten amendments to the constitution.
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What are civil liberties?
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The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights.
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What is the clear-and-present-danger test?
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A test devised by the supreme court in 1919 to define the liits of free speech in the context of national security.
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What is the due process clause (of the 14th amendment)?
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The clause of the constitution that hasbeen used by the judiciary to apply the Bill of Rights to the actions of state governments.
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What is the establishment clause?
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The first amendment provision that governmetn may not favor one religion over another or favor religion over no religion, and that prohibits Congress from passing laws respecting the establishment of religion.
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What is the exclusionary rule?
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The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means.
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What is freedom of expression?
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Americans' freedom to communicate their views, the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly and petition.
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What is the free-exercise clause?
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A first amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion.
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What is the imminent-lawless-action test?
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A legal test that says government cannot lawfully suppress adovacy that promotes lawless action unless such adovacy is aimed at producing, and is likely to produce, imminent lawless action.
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What is libel?
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The publication of material that falsely damages a person's reputation.
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What is prior restraint?
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Governmetn prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.
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What is procedural due process?
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The constiutional requirement that government follow proper legal procedures before a person can be legitimately punished for an alleged offense.
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What is selective incorporation?
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The absorption of certain provisions of the Bill of Rights into the fourteenth amendment so that these rights are protected from infringement by the states.
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What is slander?
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Spoken words that falsely damage a person's reputation.
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What is symbolic slander?
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An action that falsely damages a person's reputation.
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