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15 Cards in this Set
- Front
- Back
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Actual Malice |
Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth |
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Arraignment |
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 |
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Clear and The Present Danger Test |
The test proposed by the Justice Oliver Wendell Holmes for deterring when government may restrict free speech. Restriction and permissible only when speech presents a "clear and present danger" to the public order |
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Commercial Speech |
Advertising statement which increasingly have been given first amendment protection |
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Defamation of Character |
Wrongfully hurting a person's good reputation |
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Establishment Clause |
Part of the first amendment prohibiting of a church officially supported by the national government |
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Exclusionary Rule |
A judicial policy prohibiting the admission at trial of illegally seized evidence |
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Free Exercise Clause |
The provision of the first amendment guaranteeing the free exercise of religions |
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Gag Order |
An order issued by the judge restricting the publication of news about the trial or pretrial hearing to protect the accused rights to a fair trial |
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Incorporation Theory |
The view that most protections of the Bills of Right's apply to state governments through the 14th amendment's due process clause |
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Libel Obscenity |
A written defamation of a person's character, reputation, business, or property rights. The defamatory statement must be observed by a third party |
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Public Figure |
A public official, movie star, or other person know to the public because of his or hers positions or activities |
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Slander |
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 |
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Symbolic Speech |
Expression made through articles of clothing, gestures, movements, and other forms of nonverbal communication |
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Write of Habeas Corpus |
Habeas corpus means "you have the body." A writ of habeas corpus is an order that requires jailers to bring a prisoner before court of judge and explain why the person is being held. |
