A More Perfect Union: Ch. 4 Civil Liberties
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1life2serve on January 24, 2012
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28 terms
Terms | Definitions |
|---|---|
 bad tendency test | a standard established in 1925 case Gitlow vs New York, whereby any speech that has the tendency to incite crime or disturb the public peace can be silenced |
| civil liberties | constitutionally established guarentees that protect citizens, opinions, and property against arbitrary government interference |
| clear and present danger test | a standard established in the 1919 Supreme Court case Schenck vs US, whereby the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent |
| clear and probable danger test | a standard established in the 1951 case Dennis vs US whereby the government could suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote, replaced by the imminent lawless action (incitement) test in 1969 |
| commercial speech | advertising statements that describe products |
| creationism | a theory of the creation of the earth and humankind that is based on a literal interpretation of the biblical story of Genesis |
| criminal due process rights | safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders |
| double jeopardy | to be tried again for the same crime that one has been cleared of in court, barred by the 5th Amendment |
| due process | the legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the 5th and 14th amendments |
| establishment clause | the 1st Amendment clause that bars the government from passing any law "respecting an establishment of religion"; often interpreted as a separation of church and state but increasingly questioned |
| exclusionary rule | the criminal procedural rule stating that evidence obtained illegally cannot be used in a trial |
| fighting words | speech that inflicts injury or results in public disorder |
| free exercise clause | the 1st Amendment clause prohibiting the government from enacting laws prohibiting an individual's practice of his/her religion; often in connection with the establishment clause |
| habeas corpus | an ancient right that protects an individual in custody from being held without the right to be heard in a court of law (Latin: "you have the body") |
| imminent lawless action test (incitement test) | a legal standard established in the 1969 Brandenburg vs Ohio case whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of imminent disorder or lawlessness |
| intelligent design | the theory that the apparent design in the universe and in living things is the product of an intelligent cause rather than of an undirected process such as natural selection |
| lemon test | a 3-part test established by the Supreme Court in the 1971 case Lemon vs Kurtzman to determine whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause |
| libel | false written statements about someone else that harms their reputation |
| marketplace of ideas | a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends upon a free and unrestrained discussion of ideas |
| miranda rights | a criminal procedural rule, established in the 1966 case Miranda vs Arizona, requiring police to inform criminal suspects, on their arrest of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation |
| obscenity | indecent or offensive speech or expression |
| prior restraint | a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful |
| right to privacy | the right of an individual to be left alone and to make decisions freely, without the interference of others |
| selective incorporation | the process by which, over time, the Supreme Court applied those freedoms that served some fundamental principle of liberty or justice to the states, thus rejecting total incorporation |
| slander | false verbal statements about others that harm their reputation |
| symbolic speech | nonverbal "speech" in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest |
| time, place, and manner restrictions | regulations regarding when, where, or how expression may occur; must be content neutral |
| total incorporation | the theory that the 14th Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation |
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