Chapter-14 Civil Liberties Flashcards
Ex post facto laws
A retroactive law that works at the disadvantage of the person
Writ of habeus corpus
A court order requiring the explanation of why someone is being held in custody
Due process clause
A clause in the 5th amendment that limits the power of the national government stating no one shall be stripped of life, liberty or property without due process
Selective incorporation
The process by which provisions of the bill of rights are brought to the scope of the 14th amendment and are applied to the state governments
Establishment clause
A clause in the first amendment that forbids the government from creating any law against religion
Free exercise clause
A clause in the first amendment that states that congress shall make no law prohibiting free exercise or religion
Commercial speech
Advertisements and commercials for products and services
Bad tendency test
An interpretation of the first amendment that would permit legislatures to stop speech if it encourages people to do illegal actions
Clear and present danger test
An interpretation of the first amendment stating that government cannot interfere with speech unless it shows signs of clear or present danger
Preferred position doctrine
A interpretation of the first amendment stating that government should only punish you for what you do and not what you say
Prior restraint
Censorship of a speech or newspaper before it is published
Content or viewpoint neutrality
Laws that apply to all kinds of speech and to all views
Unprotected speech
Libel, obscenity, fighting words
Libel
Written deformation of another person
Obscenity
The quality or state of a work that appeals to prurient interests in sex