Chapter 5 Flashcards
Due process law
Denies the gov the right, without due process, to deprive people of life, liberty, and property
Equal protection of the laws
Standard of equal treatment that must be observed by the gov
Civil liberties
Rights to be free of gov interference, accorded to an individual by the constitution: free speech, free press, and so on
Selective incorporation
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 gov may not establish a religion
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 actions
Libel
Writing that falsely injures another person
Symbolic speech
An act that conveys a political message
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 w religion
Exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial
Search warrant
Judge’s order authorizing a search