Chapter 5 Flashcards

0
Q

Communist Control Act

A

1954 act denying legal rights to the Communist Party

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1
Q

“Clear and Present Danger” test

A

A Supreme Court formula to legitimate the abridgment of the right of free speech

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2
Q

Conscientious Objector

A

One who refuses military service on religious or ethical grounds

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3
Q

Creationism

A

A teaching on the origin of the world found to be religiously inspired

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4
Q

Due Process Clause

A

Protection against arbitrary deprivation of life, liberty, or property as guaranteed by the fifth and fourteenth amendments

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5
Q

Establishment Clause

A

First amendment clause prohibiting laws establishing a religion

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6
Q

Exclusionary Rule

A

The prohibition against illegally obtained evidence in court

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7
Q

Free Exercise Clause

A

First amendment clause guaranteeing religious freedom, law cannot prevent free exercise of religion

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8
Q

Freedom of Expression

A

Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government

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9
Q

Freedom of Religion

A

Part of the First Amendment protecting the free exercise of religion and prohibiting the establishment of a religion

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10
Q

Good-Faith Exception

A

Admission of illegally obtained evidence if illegality results from a technical or minor error

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11
Q

Internal Security Act

A

A 1950 act requiring the registration of all communists

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12
Q

Least means

A

The use of only minimal measures to restrict a potentially dangerous expression

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13
Q

Libel

A

Harming another by publishing defamatory statements

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14
Q

McCarthyism

A

Originated during communist witch-hunt in the 1950’s, unfair accusations that tarnish a person’s reputation

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15
Q

Miranda vs. Arizona

A

Supreme court case that led to rules that police officers must follow warning arrested persons of their rights

16
Q

Preferred Position

A

Supposed superiority of rights of expression over other constitutional rights

17
Q

Prior restraint

A

A government action to prevent rather than punish certain expressiona

18
Q

Probable cause

A

Legal basis for the issuance of a search warrant

19
Q

Red Scare

A

The government suppression of American leftists after the 1917 Bolshevik Revolution

20
Q

Released time

A

Period during the public school day when students receive religious instruction

21
Q

Search Warrant

A

Written authorization for police officers to conduct a search

22
Q

Sedition Act

A

Federalist bill of 1789 criminalizing the criticism of the government

23
Q

Smith Act

A

A 1940 act criminalizing the advocacy of violent revolution

24
Q

Symbolic Speech

A

An act that conveys a political message such as burning a draft card to protest the draft

25
Q

Wall-of-Separation Principle

A

An interpretation of the First amendment that prevents government involvement with religion