Chapter 5 Flashcards
Due process of law
Denies the government the right without due process to derive people of life liberty and property
Equal protection of the laws
A standard of equal treatment that must be observed by the government
Selective incorporation
The process whereby the court has applied most but not all parts of the bill of rights to the states
Freedom of expression
Right of people to speak publish and assemble
Freedom of religion
People shall be free to exercise their religion and government may not establish a religion
Prior restraint
Censorship of a publication
Clear and present danger test
Law should not punish speech u less there was a clear a present danger of producing harmful actions
Libel and slander
Writing or speech that falsely injures another person
Symbolic speech
An act that conveys a political message
Civil liberties
Rights chiefly rights to be free of government interference accorded to an individual by the constitution free speech free press and so on
Free exercise clause
First amendment requirement that law cannot prevent free exercise of religion
Establishment clause
First amendment ban on laws respecting an establishment of religion
Wall of separation
Court ruling that gov cannot be involved with religion
Exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial
Search warrant
A judges order authorizing a search
Probable cause
Reasonable cause for issuing a search warrant or making an arrest more than mere suspicion
Good faith exception
An error in gathering evidence sufficiently minor that it may be used in trial
Public safety exception
The police can question an Unmirandized suspect if there is a urgent concern for public safety
Inevitable discovery
The police can use evidence of it would inevitably have been discovered
Gitlow v New York
Supreme Court says the first amendment applies to the states
Schenck v US
Speech may be punished if it creates clear and present danger of illegal acts
Tinker v Des Moines
Public school students may wear armbands to class protesting against Americas war in Vietnam when such display does not disrupt class
Texas v Johnson
There may not be a law to ban flag burning
Mapp v Ohio
Evidence illegally gathered by the police may not be used in criminal trial
Gideon v wainwright
Persons charged with a crime have a right to an attorney even if the cannot afford one
Miranda v Arizona
Court describes warning that police must give to arrested people
