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Chapter 36-39 Introduction to Constitutional Law, Freedom of Speech and Press, and Expression in Special Places

AB
amendmentsan addition or change to an existing document or plan
due processevery person involved in a legal dispute is entitled to a fair hearing
equal protectiona constitutional requirement of the 14th amendment that protects individuals against unlawful discrimination by government
balancing testsused by judges to resolve legal issues by balancing the interest in conflict and deciding which is of higher importance
obscenitya general term applying to anything that is immoral, indecent, or lewd
defamationwritten or spoken expression about a person that is false and damages that person's reputation
slanderspoken expression about a person that is false and damages that person's reputation
libela written expression about a person that is false and damages that person's reputation
commercial speechspeech that is directed at buying or selling goods and services.
fighting wordsa legal term applying to words spoken face to face that are so abusive that they are likely to cause an imminent fight between the speaker and the person spoken to
clear and present dangera test formerly used by courts to restrict speech when the government thought the speech would create an immediate danger of serious harm
hate speechbigoted speech attacking or disparaging a social or ethnic group or a member of such a group
incitement testa method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior
public forumany place, such as a park or street, where 1st Amendment expression rights were traditionally exercised
symbolic speechconduct that expressed an idea
vaguenessindefiniteness, uncertainty, imprecision; not clear or specific
overinclusivetoo broad or general
censorshipthe denial of freedom of speech or freedom of the press
gag ordera order prohibiting public reporting on a case currently before the court
public forumsany place, such as a park or street, where 1st Amendment expression rights are traditionally exercised
penologicalof or relating to the criminal corrections process

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