Chapter 5 Flashcards
Due process of law
Denies the government the right, without due process, to deprive people life, liberty, and property
Equal protections of the law
A standard of equal treatment that must be observed by the government
Selective incorporation
The process of where the courts applied some, 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 are free to establish their own religion, but not the government
Prior restraint
Censorship of a publication
Clear-and-present danger test
Law should not punish speech unless there was a clear and present danger of producing harmful action
Libel
Writing that falsely injures another person
Symbolic speech
An act that conveys a political message
Free-exercise clause
First amendment right that says laws cannot prevent free exercise of religion
Establishment clause
First amendment ban on laws “respecting an establishment of religion”
Wall of separation
Court ruling that government cannot get involved with religion
Exclusionary rule
Improperly gathered evidence cannot be introduced in a trial
Search warrant
A judges order authorizing a search
Probable cause
Reasonable cause for issuing a search warrant or making an arrest; more than a mere suspicion
Good faith exception
An error on gathering evidence sufficiently minor that may be presented at a trial
Public safety exception
The police can question am unmirandirized suspect if it’s urgent to public safety
Inevitable discovery
The police can use evidence if it were to be inevitable discovery
Civil librities
Rights, chiefly rights, to be free of government interference accorded to an individual by the constitution, free speech, free press, etc.
