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17 Cards in this Set

  • Front
  • Back

Civil Liberties

Those personal freedoms that are protected for all individuals.

Incorporation Theory

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

Establishment Clause

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

Free Exercise Clause

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

Prior Restraint

Restraining an action before the activity has actually occurred.

Symbolic Speech

Nonverbal expression of beliefs, which is given substantial protection by the courts

Commercial Speech

Advertising statements, which increasingly have been given First Amendment protection

Clear and Present Danger Test

The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech.

Defamation of Character

Wrongfully hurting a person's good reputation.


The public uttering of a false statement that harms the good reputation of another.


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

Actual Malice

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

Public Figure

A public official, movie star, or other person known to the public because of his or her position or activities

Gag Order

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

Writ of Habeas Corpus

Habeas corpus means you have the body. A writ is an order that requires jailers to bring a prisoner before a court or judge and explain why they are being held


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

Exclusionary Rule

A policy forbidding the admission at trial of illegally seized evidence