Chapter 5 Flashcards
clear and present danger test
Law should not punish speech unless there was a clear and present danger of producing harmful actions.
due process of law
Denies the government the right, without due process, to deprive people of life, liberty, and property.
equal protection of the law
A standard of equal treatment that must be observed by the government.
establishment clause
First Amendment ban on laws “respecting an establishment of religion.”
exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial.
free-exercise clause
First Amendment requirement that law cannot prevent free exercise of religion.
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.
good-faith exception
An error in gathering evidence sufficiently minor that it may be used in a trial.
libel
Writing that falsely injures another person.
prior restraint
Censorship of a publication.
probable cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion.
search warrant
A judge’s order authorizing a search.
selective incorporation
Court cases that apply Bill of Rights to states
symbolic speech
An act that conveys a political message.
