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26 Cards in this Set
- Front
- Back
civil liberties |
individual freedoms guaranteed to the people primarily by the Bill of Rights |
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civil rights |
citizenship rights guaranteed to the people (primarily in the 13th, 14th, 15th, 19th, 26th Amendments) and protected by the government |
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habeas corpus |
the right of an accused person to be brought before a judge and informed of the charges and evidence against him or her |
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bill of attainder |
laws under which specific persons or groups are detained and sentenced without trial |
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ex post facto law |
laws that criminalize an action after it occurs |
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incorporation |
Supreme Court action making the protections of the Bill of Rights applicable to the states |
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selective incorporation |
incorporation of rights on a case-by-case basis |
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establishment clause |
the 1st Amendment guarantee that the government will not create and support an offical church |
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separationists |
supporters of a "wall of separation" between church and state |
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accommodationists |
supporters of government non preferential accommodation of religion |
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Lemon test |
three-pronged rule used by the courts to determine whether the establishment clause is violated |
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free exercise clause |
the 1st Amendment guarantee that citizens may freely engage in religious activities of their choice |
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police power |
the ability of the government to protect its citizens and maintain social order |
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compelling state interest |
a fundamental state purpose, which must be shown before the law can limit some freedoms or treat some groups of people differently |
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sedition |
speech that criticizes the government to promote rebellion |
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bad tendency test |
rule used by the courts that allows speech to be punished if it leads to punishable actions |
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clear and present danger test |
rule used by the courts that allows language to be regulated only if it presents an immediate and urgent danger |
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imminent lawless action test |
rule used by the courts that restricts speech only if it is aimed at producing or is likely to produce imminent lawless action |
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freedom of assembly |
the right of the people to gather peacefully and to petition government |
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Miller test |
rule used by the courts in which the definition of obscenity must be based on local standards |
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fighting words |
speech intended to incite violence |
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political correctness |
the idea that language shapes behavior and therefore should be regulated to control its social effects |
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prior restraint |
censorship of or punishment for the expression of ideas before the ideas are printed or spoken |
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libel |
written defamation of character |
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due process of law |
guarantee that laws will be fair and reasonable and that citizens suspected of breaking the law will be treated fairly |
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exclusionary rule |
rule created by the Supreme Court that evidence seized illegally may not be used to obtain a conviction |