Chapter 13 Flashcards
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Civil Rights
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Clear and Present Danger
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
Double Jeopardy
Being tried twice for the same crime
Double Standard
an ethical or moral code that applies more strictly to one group than to another
Exclusionary Rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Fighting Words
words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
Hate Speech
A verbal attack targeting someone because of their race, gender, religion, or sexual orientation
Incorporation
A process that extended the protections of the Bill of Rights against the actions of state and local governments
Least Restrictive Means
If one right must be restricted to protect another right, the restriction must be as minimal as possible.
Lemon Test
1) The government’s action must have a secular legislative purpose; 2)The government’s action must not have the primary effect of either advancing or inhibiting religion; 3) The government’s action must not result in an “excessive government entanglement” with religion
Miranda Warning
A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel: required by Supreme Court’s 1966 decision in Miranda v. Arizona
No Incorporation
An approach in which the states would be bound only by the dictates of due process contained in the 14th amendment
Prior Restraint
(law) evidence sufficient to warrant an arrest or search and seizure
Secular Regulation Rule
rule denying any constitutional right to exemption on free exercise grounds from laws dealing with nonreligious matters
Slander
A false statement which harms the reputation of others and gives occasion for false judgments concerning them; same as calumny.
Selective Incorporation Plus
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Subsequent Punishment
restrictions on freedom of the press that occur after material is published
Probable Cause
(law) evidence sufficient to warrant an arrest or search and seizure
symbolic speech
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
total incorporation
An approach arguing that the protections in the Bill of Rights were so fundamental that all of them should be applied to the states by absorbing them into the due process clause of the 14th amendment
selective incorporation
Court cases that apply Bill of Rights to states
