Chapter 4- Civil Liberties Flashcards

0
Q

Incorporation Theory

A

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.

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1
Q

Civil Liberties

A

Those personal freedom that are protected for all individuals and that generally deal with individual freedom.

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2
Q

Establishment Clause

A

The part of the 1st Amendment prohibiting the establishment of a church officially supported by the national government

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3
Q

Free Exercise Clause

A

The provision of the 1st Amendment guaranteeing the free exercise of religion

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4
Q

Clear and Present Danger Test

A

The test proposed by Justice Holmes for determining when government may restrict free speech

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5
Q

Bad-Tendency Rule

A

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”

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6
Q

Prior Restraint

A

Restraining an action before the activity has actually occurred

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7
Q

Symbolic Speech

A

Nonverbal expression of beliefs, which is given 1st Amendment protection

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8
Q

Defamation of Character

A

Wrongfully hurting a person’s good reputation

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9
Q

Slander

A

The public uttering of a false statement that harms the good reputation of another

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10
Q

Fighting Words

A

Words that, when uttered by a public speaker, are so inflammatory that they could provoke the average listener to violence

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11
Q

Heckler’s Veto

A

Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoed the public speaker’s right to speak

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12
Q

Libel

A

A written defamation of a person’s character, reputation, or property rights

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13
Q

Gag Order

A

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

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14
Q

Writ of Hebeas Corpus

A

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

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15
Q

Heckler’s Veto

A

Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoed the public speaker’s right to speak

16
Q

Libel

A

A written defamation of a person’s character, reputation, or property rights

17
Q

Gag Order

A

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

18
Q

Writ of Hebeas Corpus

A

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