Political Science - Chapter 4

Front 1

Incorporation Theory

Back 1

The view that most of the protections of the Bill
of Rights apply to state governments through the Fourteenth Amendment’s due process clause.

Front 2

Establishment Clause

Back 2

The part of the First Amendment prohibiting
the establishment of a church officially supported by the nationalgovernment.

Front 3

Free Exercise Clause

Back 3

The provision of the First Amendment
guaranteeing the free exercise of religion.

Front 4

Prior Restraint

Back 4

Restraining an activity before it has actually
occurred. When expression is involved,
this means censorship.

Front 5

Symbolic Speech

Back 5

Expression made through
articles of clothing,
gestures, movements, and
other forms of nonverbal
communication.

Front 6

Commercial Speech

Back 6

Advertising statements,
which increasingly
have been given First
Amendment protection.

Front 7

Clear and Present
Danger Test

Back 7

The test proposed by Justice Oliver Wendell
Holmes for determining when government
may restrict free speech. Restrictions are
permissible only when speech presents a “clear
and present danger” to the public order.

Front 8

Obscenity

Back 8

Sexually offensive
material. Obscenity can
be illegal if it is found to
violate a four-part test
established by the United
States Supreme Court.

Front 9

Defamation of Character

Back 9

Wrongfully hurting a
person’s good reputation.

Front 10

Slander

Back 10

The public uttering of a false statement
that harms the good reputation of another. The
statement must be made to, or within the hearing of, someone other than the defamed party.

Front 11

Libel

Back 11

A written defamation
of a person’s character,
reputation, business, or
property rights.

Front 12

Actual Malice

Back 12

Either knowledge of a
defamatory statement’s
falsity or a reckless
disregard for the truth.

Front 13

Public Figures

Back 13

Public officials, movie
stars, and other persons
known to the public
because of their positions
or activities.

Front 14

Gag Order

Back 14

An order issued by a
judge restricting the
publication of news
about a trial or a pretrial
hearing to protect the
accused’s right to a fair
trial.

Front 15

Writ of Habeas Corpus

Back 15

Habeas corpus means,
literally, “you have the
body.” A writ of habeas
corpus is an order that
requires jailers to bring
a prisoner before a court
or judge and explain why
the person is being held.

Front 16

Arraignment

Back 16

The first act in a criminal
proceeding, in which the
defendant is brought
before a court to hear the
charges against him or
her and enter a plea of
guilty or not guilty.

Front 17

Exclusionary Rule

Back 17

A judicial policy
prohibiting the admission
at trial of illegally seized
evidence.