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Chapter 5: Civil Liberties
Bill of Rights
First 10 amendments to the Constitution
First amendment ban on laws "respecting an establishment of religion"
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
An act that conveys a political message
Censorship of a publication
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
Court cases that apply the Bill of RIghts to the states
Authorities must have "probable cause" to search an individual
Good Faith Exception
Material not gathered legally but that can still be used in court
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
Act passed in response to 9/11 allowing government to tap phone lines