The fundamental individual rights of a society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights
Bill of Rights
The first ten amendments to the Constitution, which set forth basic protections for individual rights of free expression, fair trail, and property.
freedom of expression
Americans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition.
A test devised by the Supreme Court in 191 in order to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.
Action(for example, the waving or burning of a flag) for the purpose of expressing a political opinion.
Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.
due process clause(of the Fourteenth Amendment)
The Clause of the Constitution that has been used by the judiciary to apply the Bill of rights to the actions of state governments.
The process by which certain of the rights (for example, freedom of speech) contained in the Bill of Rights become applicable through the Fourteenth Amendment to actions by the state governments.
imminent lawless action test
A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action.
Publication of material that falsely damages a person's reputation.
Spoken words that falsely damage a person's reputation.
The First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting that establishment of religion.
A First Amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion.
right to privacy
A right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in area such as reproduction and intimate relations.
procedural due process
The constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense.
The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure.)