Chapter 4 - Civil Liberties Flashcards
actual malice
either knowledge of a defamatory statement’s falsity or a reckless disregard for the truth
civil liberties
these personal freedoms that are protected for all individuals. Civil liberties typically involve restraining the government’s actions against individuals
clear and present danger test
the test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible he argued, only when speech creates a clear and present danger to the public order.
defamation of character
wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.
establishment clause
the part of the first amendment prohibiting the establishment of a church officially supported by the national government. it is applied to the questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design.
exclusionary rule
a policy forbidding the admission at trial of illegally seized evidence
incorporation theory
the view that most of the protections of the bill of rights apply to state governments through the 14th amendment’s due process clause
libel
a written defamation of a person’s character, reputation, business, or property rights.
slander
the public uttering of a false statement that harms the good reputation of another. the statement must be made to, or within the hearing of, persons other than the defamed party
public figure
a public official, movie star, or other person known to the public because of his or her position or activities
prior and restraint
restraining an action before the activity has actually occurred. when expression is involved, this means censorship
