Chapter 4- Civil Liberties Flashcards
Incorporation Theory
The view that most of the protection of the Bill of Rights are applied against state government through the 14th amendment’s due process clause.
Civil Liberties
Those personal freedom that are protected for all individuals and that generally deal with individual freedom.
Establishment Clause
The part of the 1st Amendment prohibiting the establishment of a church officially supported by the national government
Free Exercise Clause
The provision of the 1st Amendment guaranteeing the free exercise of religion
Clear and Present Danger Test
The test proposed by Justice Holmes for determining when government may restrict free speech
Bad-Tendency Rule
A rule stating that speech or other 1st Amendment freedoms may be curtailed if there is a possibility that such expression might lead to some “evil”
Prior Restraint
Restraining an action before the activity has actually occurred
Symbolic Speech
Nonverbal expression of beliefs, which is given 1st Amendment protection
Defamation of Character
Wrongfully hurting a person’s good reputation
Slander
The public uttering of a false statement that harms the good reputation of another
Fighting Words
Words that, when uttered by a public speaker, are so inflammatory that they could provoke the average listener to violence
Heckler’s Veto
Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoed the public speaker’s right to speak
Libel
A written defamation of a person’s character, reputation, or property rights
Gag Order
An order issued by a judge restricting the publication of news about a trail progress or a pretrail hearing in order to protect the accused’a right to a fair trial
Writ of Hebeas Corpus
Means “you have the body” is an order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison