| A | B |
|---|
| Writ of Habeas Corpus | Court order requiring explanation to a judge why a prisoner is being held in custody. |
| ex post facto law | Retroactive criminal law that works to the disadvatage of an individual |
| bill of attainder | legislative act inflicting punishment, including deprivation of prperty, without a trial, on named individuals or members of a specific group |
| due process clause | clause in the Fifth Amendment limiting the power of the national government |
| Selective Incorporation | the process by wich provisions of the Bill of Rights are brought within the scope of the 14th amendment and so applied to state and local governments. |
| Establishment Clause | claues in the 1st Amendment that states that COngress shall make no law respecting an establishment of religion |
| Vouchers | Money provided by the government to parents for payment of ther children's tuition in a public or private school of their choice |
| free excercise clause | clause in the 1st Amendment that states that Congress shall make no law prohibiting the free excercise of religion |
| Bad Tendency test | interpretation of the 1st Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action |
| Clear and Present Danger Test | interpretation of the 1st amendment that holds that the gov't can't interfere with speech unless the speech presents clear and present danger that it will lead to evil or illegal acts. |
| preferred position doctrine | interpretation of the 1st amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what thes say, only for what they do. |
| nonprotected speech | Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances. |
| Libel | written defamation of another person |
| Sedition | attempting to overthrow the governments by force or to interrupt its activities by violence |
| Obscenity | quality or state of a work that taken as a whole appeals to pruruent enterest in sex by depicting sexual condut in a patently offensive wat and that lacks seious literary, artistic, politcal, or scientific value.i |
| fighting words | words that by their very nature inflict injury on those whom they are addressed or incite them in actions of violence |
| commercial speech | advertisements and commercials for products and services |
| prior restraint | censorship imposed before a speech i made or a newspaper is published; usually presumed to be unconstitutional |
| civil disobedience | deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition. |
| When the 1st Amendment was written what did freedom of "the press" refer to? | leaflets, newspapers, and books |
| What rights were included in the original constitution? | Habeous corpus, no ex post facto laws, no titles of nobility, trial by jury in national courts, protection for citizens as they move from one state to another, guarantee that each state has a republican form of government, no religious test oaths as a condition for holding office |
| What are civil liberties? | Freedoms of all persons that are constitutionally protected against governmental restraint; the freedoms of conscience, religion, and expression |
| What are civil rights? | Constitutional rights of all persons, not jsut citizens to due process and teh equal protection of the laws; the constitutional right not to be discriminated aginst by governments because of race, ethnic background, religion, or gender |
| What was decided in the 1973 Supreme Court case Miller v. California? | Agreed on a constitutional definition of obscenity |
| According to the Supreme Court what are the four catgories of nonprotected speech? | Obscenity, fighting words, commercial speech, libel |
