Chapter 15 Flashcards
Civil liberties
Freedoms guaranteed to individuals taking the form of restraint on government
Civil rights
Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of the government or individuals
Due process clause of the 14th amendment
Part of section 1 of the 14th amendment, which requires state governments to adhere to certain procedures and forbid unreasonable state government action that infringes on important substantive freedoms
Establishment clause
The first clause in the first amendment, which forbid government establishment of religion
Free exercise clause
The second cause in the first amendment, which prevents the government from interfering with the exercise of religion
Strict scrutiny
The standard used by the supreme court in deciding whether a law or policy is to be adjudged constitutional
Free expression clauses
The press and speech clauses of the first amendment
Prior restraint
Censorship before publication
Clear and present danger test
A means by which of the supreme court has distinguish between speech as advocacy of ideas, which is protected by the first amendment, and speech as incitement, which is not protected
Fighting words
Speech that is not protected by the first amendment because it in flicks injury or tends to incite an immediate disturbance of the peace
Public figures
People who assume rules of prominence in society or thrust themselves to forefront of public controversy
Bill of attainder
A law that pronounces an individual guilty of a crime without a trial
Ex post facto law
A law that declares an action to be criminal after it has been performed
Miranda warnings
Statements concerning rights that police are required to make to a person before he or she is Subjected to in custody questioning
Exclusionary rule
The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial
