Smad 370 Ch. 3 Vocab

Front 1

categorial balancing

Back 1

the process through which courts reach judgements by weighing different broad categories, such as political speech, against other categories of interests, such as privacy

Front 2

USA Patriot Act

Back 2

the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001; passed after 9/11; give law enforcement agencies greater authority to combat terrorism

Front 3

chilling effect

Back 3

discouragement of a constitutional right, especially free speech, by any practice that creates uncertainty about the proper exercise of that right

Front 4

clear and present danger

Back 4

doctrine establishing that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serous and imminent harm

Front 5

incorporation

Back 5

the 14th Amendment concept that most of the Bill of Rights applies equally to the states

Front 6

fighting words

Back 6

words not protected by the First Amendment because they cause immediate harm or illegal acts

Front 7

hate speech

Back 7

a category of speech that included name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national origin, disability, intellect or the like

Front 8

underinclusive

Back 8

a First Amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment

Front 9

viewpoint-based discrimination

Back 9

government censorship or punishment of expression based on the ideas or attitudes expressed

Front 10

true threat

Back 10

speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety

Front 11

establishment clause

Back 11

the portion of the First Amendment that prohibits government from setting up an political religion or passing laws that favor a specific religious doctrine