| A | B |
|---|
| "clear and present danger" test | Laws should not punish speech unless there is obvious, real danger of producing harmful actions. |
| due process of law | Denies the government the right, without due process, to deprive people of life, liberty, and property. |
| equal protection of the law | requires the government to apply the law equally to all citizens. |
| selective incorporation doctrine | the Supreme Court will decide which rights listed in the Constitution are to be applied to the states on a case by case basis |
| freedom of the press | the people have the right to wtite what they think. |
| freedom of the religion | people have the right to worship, or not worship, as they wish. |
| freedom of the assembly | people have the right to join in groups to do legal activities |
| freedom to petition | the people have the right to ask/complain to the government |
| freedom of speech | people have the right to state their thoughts |
| actual malice | a legal term meaning something was published with reckless disregard for the truth, or with knowledge that it was false |
| Hugo Black | Supreme Court Justice, who wrote a dissenting opinion arguing that the 1st Amendment protected all publications, even wholly obscene ones. |
| Internal Security Act | a 1950 law requiring all members of the Communist party to register with the government |
| Communist Control Act | a 1954 law denying legal rights to the Communist Party |
| consciencious objector | a person who refuses military service on religious or ethical grounds |
| creationism | a teaching on the creation of the world based on Judeo-Christian teachings |
| establishment clause | 1st Amendment clause prohibiting an official national religion |
| exclusionary rule | the prohibition against using illegally obtained evidence in court |
| free exercise clause | part of the 1st Amendment protecting a person's right to worship |
| preferred position | a concept which states that the right of free expression has superiority over other Constitutional rights |
| good faith exception | allowing illegally obtained evidence if the illegality was caused by a technical or minor mistake |
| Thomas Jefferson | he first used the term "wall of separation" |
| least means | the government should only use the minimal measures possible to restrict free expression |
| libel | harming another by piublishing defamatory statements |
| prior restraint | a government action to prevent an act of expression (publication of something) rather than seeking punishment after the act |
| probale cause | legal requirement to issue a search warrant |
| public figures | category of people, who must show material is false and printed with actual malice to win a slander or libel suit |
| Red scare | The government suppression of American socialists after the 1917 Russian Revolution |
| released time | a period during a public school day when students can receive religious instruction |
| search warrant | a written court order authorizing the police to conduct a search |
| Sedition Act | A 1789 government bill criminalizing criticism of the government |
| Smith Act | A 1940 law criminalizing advocating violent revolution |
| symbolic speech | an act that conveys a message, such as the clothes you wear, or burning a draft card |
| wall of separation principle | an interpretation of the 1st Amendment suggesting that government cannot be involved with religion |
| Oliver Wendell Holmes, Jr. | Supreme Court Justice, he wrote the "clear and present danger" test. |
| Earl Warren | Chief Justice of the Supreme Court, he wrote that "separate is inherently unequal" |
| slander | harming another by makng defamatory statements |
| defamation | a claim, stated or implied to be factual, that creates a negative or inferior image of something or someone |
| reasonable suspicion | requirement for the police to detain or question an individual; a reasonable person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity |
| Bill of Rights | the basic liberties which define us as Americans. These are contained in the first ten amendments. |
| Civil Liberties | legal protections generally contained in the Constitution, which protect citizens from inappropriate governmental actions. |
| The First Amendment | lists four essential freedoms: freedom of the press, of speech, of religon, and of assembly. |
| commercial speech | communication in the form of advertising. It can be restricted more than most of types of sppech. |
| The Fourteenth Amendment | amended the Constitution by forbidding states from denying citizens due process and equal protection of the law. |
| unreasonable search and seizure | searches conducted without either a search warrant and/or probale cause. Evidence seized in such a search is, generally, not allowed as evidence in court. |
| search warrant | a court order authorizing the police to search a property for specific item(s). . |
| self-incrimination | when one accused of a crime admits to the crime. Under the 5th Amendment the government cannot force a person to give such evidence. |
| plea bargain | a deal struck made by a defense attorney and a procescutor inwhich a defendent agrees to plead guilty in exchange for lesser charges or a lighter sentence. Both sides have reasons for seeking such deals. |
| Eighth Amendment | forbids cruel and unusual punishments. |
| cruel and unusual punishment | sentences which include torture, unnecessary suffering, or are harsher tham necessary. |
| Right to Privacy | Under Griswold v. Connecticut, the Court established that the Bill of Rights implied that citizens had a right to a private personal life, free from government intrusion. |
