Ch.4 Flashcards
Actual Malice
Either knowledge of a defamatory statement’s falsity or a reckless disregard for the truth
Arraignment
The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty
Bill of Attainder
A law that inflicts punishment without a trial
Commercial Speech
Advertising statements, which increasingly have been given First Amendment protection
Defamation of Character
Wrongfully hurting a person’s good reputation
Establishment Clause
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government
Exclusionary Rule
A judicial policy prohibiting the admission at trial of illegally seized evidence
Ex Post Facto Law
A law that inflicts punishment for an act that was not illegal at the time it was committed
Free Exercise Clause
The provision of the First Amendment guaranteeing the free exercise of religion
Imminent Lawless Action Test
The current standard established by the Supreme Court for evaluating the legality of advocacy speech. Such speech can only be forbidden when it is “directed to inciting imminent lawless actions”
Incorporation Theory
The view that the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause
Libel
A written defamation of a person’s character or reputation. The defamatory statement must be observed by a third party
Prior Restraint
Restraining an activity before it has actually occurred. When expression is involved, this means censorship.
Public Figure
A public official, movie star, or other person known to the public because of his or her positions or activities
Slander
The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, someone other than the defamed party
