Chapter 4 Flashcards
Civil Liberties
Political freedoms that protect citizens from governmental abuses of power
Civil War Amendments
13/14/15 amendments which abolished slavery and granted civil liberties and voting rights to freed slaves after the civil war
Due Process Clause
Part of 14th amendment that forbids states from denying life, liberty, property to any person without die process of law (5th amendment with federal law)
Selective Incorporation
Process though civil liberties given in BOR were applied to the states on a case-by-case basis through the 14th amendment
Establishment Clause
Congress cannot favor any religion
Free exercise Clause
Congress cannot prohibit or interfere with religion
Lemon test
Established in Lemon v. Kurtzman to determine whether a practice violates the establishment clause
Strict Scrutiny
When determining whether a law is constitutional. The law must be “compelling state interest” it must be the least restrictive means of achieving that goal
Intermediate Scutiny
When determining whether a law is constitutional. The law must be “substantially related” to the interest are “content-neutral”
Clear and present danger test
Established in Schenck v. US it allowed the government to restrict certain types of speech deemed dangerous
direct incitement test
Established in Brandenburg v. Ohio this protects threatening speech unless that speech aims to and is likely to cause imminent lawless action
Symbolic speech
Nonverbal expression that benefits constitutional protections as verbal speech because of its expressive value
hate speech
offensive expression protected under the first amendment
fighting words
Forms of expression that can incite violence. This can be, but different to control
commercial speech
Remains more unprotected than political speech, it is a public expression with the goal of making money
