Chapter 4: Civil liberties

Question 0

Incorporation theory

Answer 0

The view that most of the protections of the Bill of Rights are applied against state governments through the 14th amendments due process clause

Question 1

Civil liberties

Answer 1

Those personal freedoms that are protected for all individuals in generally deal with individual freedom. Thet typically involve restraining the government actions against individuals.

Question 2

Establishment clause

Answer 2

Big

Question 3

Free exercise clause

Answer 3

The provision of the first amendment guaranteeing the free exercise of religion

Question 4

Clear and present danger test

Answer 4

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.

Question 5

Bad tendency rule

Answer 5

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”

Question 6

Prior restraint

Answer 6

Restraining an action before the activity has actually occurred. It involves censorship, as opposed to subsequent punishment

Question 7

Symbolic speech

Answer 7

Nonverbal expression of beliefs, which is given substantial protection by the courts

Question 8

Commercial speech

Answer 8

Advertising statements, which increasingly have been given First Amendment protection

Question 9

Defamation of character

Answer 9

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

Question 10

Slander

Answer 10

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

Question 11

Fighting words

Answer 11

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

Question 12

Hecklers’ Veto

Answer 12

Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoes the public speakers right to speak

Question 13

Libel

Answer 13

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

Question 14

Public figures

Answer 14

Public officials, movie stars, and generally all persons who become known to the public because of their positions or activities

Question 15

Actual malice

Answer 15

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

Question 16

Gag order

Answer 16

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

Question 17

Equal time rule

Answer 17

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

Question 18

Personal attack rule

Answer 18

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

Question 19

Exclusionary rule

Answer 19

Policy forbidding the admission at trial of illegally seized evidence