Chapter 5- Civil Liberties Flashcards
Selective incorporation
The process whereby the court has applied most, but not all, parts of the bill of rights to states
Freedom of expression
Right of people to speak, publish, and assemble
Freedom of religion
People shall be free to excessive 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 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-excessive clause
First amendment requirement that law cannot prevent free excersise of religion
Establishment clause
First amendment ban on laws “respecting an establishment of religion”
Wall of separation
Court ruling that government 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
A error in gathering evidence sufficiently minor that it may be used in a trial
Public safety exception
The police can question an un-Mirandized suspect if there is an urgent concern for public safety
