Chapter 4 Flashcards
Incorporation Theory
The view that most of the protections of The Bill of Rights apply to state governments through the Fourteenth amendment’s due process clause
Civil Liberties
Those personal freedoms that are protected for all individuals. Civil liberties typically involve restraining the government’s actions against individuals.
Establishment Clause
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, questions on the legality of allowing or requiring school prayers, and questions of the teaching of evolution versus fundamentalist theories of creation.
Free Exercise Clause
The provision of the First Amendment guaranteeing the free exercise of religion.
Prior Restraint
Restraining an action before the activity has actually occurred.
When expression is involved, this means censorship.
Symbolic Speech
Nonverbal expression of beliefs, which I given substantial protection by courts.
Commercial Speech
Advertising statements, which increasingly have been given First Amendment protection.
Clear and Present Danger
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech presents a “clear and present danger” to the public order.
Defamation of Character
Wrongfully hurting a person’s food reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.
Slander
The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within hearing of, persons other than the defamed party.
Libel
A written defamation of character, reputation, business, or property rights.
Actual Malice
Either knowledge of a defamatory statement’s falsity or a reckless disregard for the truth
Public Figures
Public officials, movie stars, and other persons known to the public for their activities or positions.
Gag order
An order issued by a judge restricting the publication of news about a trial or a lee trial hearing to protect the accused’s right to a fair trial.
Writ of Habeas Corpus
Habeas corpus literally means you have the body.
Habeas corpus is a writ that requires jailers to bring a prisoner before court or judge and explain why the prisoner is being held
