Chapter 4 Vocab Flashcards
The first ten amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (such as the right to a jury trial) for persons accused of crimes
Bill of rights
The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights
Civil liberties
A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge poltical expression unless it presents a danger to the nation’s security
Clear-and-present danger test
The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights protected to the actions of state governments
Due process clause (of 14th amendment)
The 1st amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion
Establishment clause
The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means
Exclusionary rule
Americans’ freedom to communicate their views, the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly, and petition
Freedom of expression
A 1st amendment provision that prohibits the government from interfering with the practice of religion
Free-exercise clause
The legal principle that otherwise excludable evidence can be admitted in trial if police believed they were following proper procedures
Good faith exception
A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce this
Imminent lawless action test
The legal principle that otherwise excludable evidence can be admitted in trail if police would eventually have discovered the evidence by other means
Inevitable discovery exception
A 3 part test to determine whether a law relating to religion is valid under the religious establishment clause. To be valid, a law must have a secure purpose, serve neither to advance nor inhibit religion, and avoid excessive government entanglement with religion
Lemon test
Publication of false material that damages a person’s reputation
Libel
The legal principle that otherwise excludable evidence can be admitted in trial if discovered in plain sight in the process of arresting a suspect for another infraction
Plain view exception
Government prohibition of speech in publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming
Prior restraint
