| Term | Definition |
|---|
| Due Process of Law (14th Ammendment) | This denies the government the right, without due process, to deprive the people of life, liberty, and property. |
| Equal Protection of the Law | A standard of equal treatment that must be observed by the government. |
| Selective Incorporation | Court cases that aply Bill of Rights to states |
| Freedom of Expression | Right of people to speak, publish, and assemble. |
| Freedom of Religion | People shall be free to exercise their religion, and government may not establish a religion |
| Prior Restraint | censorship of a publication |
| Clear-and-present-danger-test | Law should not punish speech unless there was a clear and present danger of producing harmful actions. |
| Libel | writing that falsely injures another person |
| Gitlow v. New York (1925) | Supreme court says the First Amendment applies to states |
| Palko V. Conecticut (1937) | (case) Supreme Court says that states must observe all "fundamental liberties" |
| Symbolic Speech | an act that conveys a political message |
| Public Figure | an elected official, an army general, or a well known celebrity. (These kinds of people have a difficult time winning libel suits) |
| Miller V. California (1973) | (case) Obscenity defined as appealing to prurient intrests of an average person with materials that lack literary artistic political or scientific value |
| Obscenity | appealing to prurient intrests of an average person with materials that lack literary artistic political or scientific value |
| New York Times V. Sullivan (1964) | (case) to libel a public figure, there must be "actual malice" |
| Reno v. ACLU | a law that bans sending "indecent" material to minors over the internet is unconstitutional because "indecent" is too broad of a term |
| Schenk v. United States (1919) | Speech may be punished if it creates a clear-and-present-danger test of illegal acts |
| Texas v. Johnson (1989) | There may not be a law to ban flag-burning |
| Reynolds V. United States (1878) | a man cannot have more than one wife, even if polygamy is thought desireable on religious grounds. |
| Engel v. Vitale (1962) | (case) there may not be a prayer, even a nondnominational one, in public schools |
| Lemon v. Kurtzman (1971- the lemon test) | three tests are described for deciding whether the government is improperly involved with religion |
| Mapp v. Ohio (1961) | (case) evidence illegally gathered by the police may not be used in a criminal trial |
| Miranda v. arizone (1966) | court describes ruling that police must give to arrested persons |
| free-exercise clause | first amendment requirement that law cannot prevent free exercise of religion |
| Establishment Clause | first amendmwent ban on laws "respecting an establishment of religion" |
| Wall of Separation | court ruling that government cannot be involved with religion |
| Everson v. Board of Education | the wall of separation principle is announced |
| Exculsionary Rule | improperly gathered evidence may not be introduced in a criminal trial |
| Search Warrant | a judges order authorizing a search |
| Probable cause | resonable cause for issuing a search warrant or making an arrest more than mere suspicion |
| good faith exception | an error in gathering evidence sufficently minor that it may be used in a trial |
| Sedition Act of 1789 | imposed no prior restraint on publishers, but it did make them lisable to punishment after the fact. |
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