Chapter 5 Flashcards
Communist Control Act
1954 act denying legal rights to the Communist Party
“Clear and Present Danger” test
A Supreme Court formula to legitimate the abridgment of the right of free speech
Conscientious Objector
One who refuses military service on religious or ethical grounds
Creationism
A teaching on the origin of the world found to be religiously inspired
Due Process Clause
Protection against arbitrary deprivation of life, liberty, or property as guaranteed by the fifth and fourteenth amendments
Establishment Clause
First amendment clause prohibiting laws establishing a religion
Exclusionary Rule
The prohibition against illegally obtained evidence in court
Free Exercise Clause
First amendment clause guaranteeing religious freedom, law cannot prevent free exercise of religion
Freedom of Expression
Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government
Freedom of Religion
Part of the First Amendment protecting the free exercise of religion and prohibiting the establishment of a religion
Good-Faith Exception
Admission of illegally obtained evidence if illegality results from a technical or minor error
Internal Security Act
A 1950 act requiring the registration of all communists
Least means
The use of only minimal measures to restrict a potentially dangerous expression
Libel
Harming another by publishing defamatory statements
McCarthyism
Originated during communist witch-hunt in the 1950’s, unfair accusations that tarnish a person’s reputation
Miranda vs. Arizona
Supreme court case that led to rules that police officers must follow warning arrested persons of their rights
Preferred Position
Supposed superiority of rights of expression over other constitutional rights
Prior restraint
A government action to prevent rather than punish certain expressiona
Probable cause
Legal basis for the issuance of a search warrant
Red Scare
The government suppression of American leftists after the 1917 Bolshevik Revolution
Released time
Period during the public school day when students receive religious instruction
Search Warrant
Written authorization for police officers to conduct a search
Sedition Act
Federalist bill of 1789 criminalizing the criticism of the government
Smith Act
A 1940 act criminalizing the advocacy of violent revolution
Symbolic Speech
An act that conveys a political message such as burning a draft card to protest the draft
Wall-of-Separation Principle
An interpretation of the First amendment that prevents government involvement with religion
