Chapter 4: Civil liberties Flashcards
Incorporation theory
The view that most of the protections of the Bill of Rights are applied against state governments through the 14th amendments due process clause
Civil liberties
Those personal freedoms that are protected for all individuals in generally deal with individual freedom. Thet typically involve restraining the government actions against individuals.
Establishment clause
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Free exercise clause
The provision of the first 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. Restrictions are permissible, he argued, only when speech presents a “clear and present danger” to the public order.
Bad tendency rule
A rule stating that speech or other First 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. It involves censorship, as opposed to subsequent punishment
Symbolic speech
Nonverbal expression of beliefs, which is given substantial protection by the courts
Commercial speech
Advertising statements, which increasingly have been given First Amendment protection
Defamation of character
Wrongfully hurting a person’s good reputation. The law has imposed 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 with in the hearing of, persons other than the defamed party
Fighting words
Words that, when Uttered buy a public speaker, are so inflammatory that they could provoke the average listening to violence; the words are usually of racial, religious, or ethnic type
Hecklers’ Veto
Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoes the public speakers right to speak
Libel
A written defamation of a person’s character, reputation, business, or property rights. To a limited degree, the First Amendment protects the press from libel actions
Public figures
Public officials, movie stars, and generally all persons who become known to the public because of their positions or activities
Actual malice
In libel cases generally consist of intentionally publishing any written or printed statement that is injurious to the character of another with either knowledge of the statements falsity a reckless disregard for the truth
Gag order
An order issued by a judge restricting the publication of news about a trial in progress or a pretrial hearing in order to protect the accused right to a fair trial
Equal time rule
The Federal Communications Commission regulation that requires broadcasting stations that give or sell airtime to political candidates to make equal amount of time available to all competing candidates
Personal attack rule
The Federal Communications Commission regulation that requires broadcasting stations, if the stations are used to attack the honesty or integrity of persons, to allow the persons attacked the fullest opportunity to respond
Exclusionary rule
Policy forbidding the admission at trial of illegally seized evidence
