Chapter 15 Flashcards
Civil liberties
Freedoms guaranteed to individuals
Civil rights
Powers or privileges guaranteed to individuals and protected from arbitrary removal at the hands of government or individuals
Establishment clause
The first clause in the first amendment, which forbids government establishment of religion
Free – exercise clause
The second clause in the First Amendment, which prevents the government from interfering with the exercise of religion
Strict scrutiny
A standard used by the Supreme Court in deciding whether a law o policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a “compelling government interest,” must be narrowly tailored, and must be the least restrictive means for achieving that interest
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 the Supreme Court has distinguished between speech as the 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 inflicts injury or tends to incite an immediate disturbance of the peace
Public figures
People who assume roles of prominence in society or thrust themselves to the forefront of public controversy
Bill of attainder
A law that pronounces an individual guilty of a crime without a trial
Ex post facto laws
Laws that declare an action to be criminal after it has been performed
Obligation of contracts
The obligation of the parties to a contract to a contract to carry out its terms
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
