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Bill of Rights

First 10 amendments to the Constitution

Establishment Clause

First amendment ban on laws "respecting an establishment of religion"

Free-exercise Clause

First amendment requirement that law can not prevent free exercise of religion

Clear and Present Danger Test

Law should not punish speech unless there is a clear and present danger of producing harmful actions

Direct Incitement Label

Advocacy of illegal action is protected by the 1st Amendment unless imminent lawless action is intended and likely to occur


Writing that falsely injures another person


Speech that falsely injures another person

Symbolic Speech

An act that conveys a political message

Prior Restraint

Censorship of a publication

Lemon Test

Formulated by Chief Justice Burger, to determine when law has the effect of establishing religion

Due Process of Law

Denies the government the right, without due process, to deprive people of life, liberty, and property

Selective Incorporation

Court cases that apply the Bill of RIghts to the states

Probable Cause

Authorities must have "probable cause" to search an individual

Good Faith Exception

Material not gathered legally but that can still be used in court

Exclusionary Rule

Improperly gathered evidence may not be introduced in a criminal trial

Wall of Separation Principle

Court ruling that government can not be involved with religion

Patriot Act

Act passed in response to 9/11 allowing government to tap phone lines

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