Chapter 4 Vocab Flashcards
________ in libel cases generally consist of internationally publishing any written or printed statement that is injurious to the character of another with either knowledge of the statements falsity or reckless disregard for the truth.
Actual malice
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.”
Bad tendency rule
Those personal freedoms that are protected for all individuals and that generally deal with individual freedom.
Civil liberties
The test proposed by Justice Holmes for determining when government may restrict free speech.
Clear and present danger test
Advertising statements, which increasingly have been given First Amendment protection.
Commercial speech
Wrongfully hurting a person’s good reputation.
Defamation of character
A Federal Communications Commission regulation that requires broadcasting stations to give or sell air time to political candidates to make equal amounts of their time available to all competing candidates.
Equal time rule
The part of the first amendment prohibiting the establishment of a church officially supported by the national government.
Establishment clause
A policy forbidding the admission at trial of illegally seized evidence.
Exclusionary rule
Words that, when uttered by a public speaker, are so inflammatory that they could provoke the average listener to violence; the words are usually of a racial, religious, or ethnic type.
Fighting words
The provision of the first amendment guaranteeing the free exercise of religion.
Free exercise clause
An order issued by a judge restricting the publication of news about a trial in progress or pretrial hearing in order to protect the accused’s rights to a fair trial.
Gag order
Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoes the public speakers’ right to speak.
Hecklers’ Veto
The view that most of the protections of the Bill of Rights are applied against State governments through the 14th amendments due process clause.
Incorporation theory
A written defamation of a person’s character, reputation, business, or property rights.
Libel
