Chapter 5 - Civil Liberties Flashcards
Civil liberties
Rights - chiefly, rights to be free of government interference- accorded to an individual by the Constitution: free speech, free press, an so on
clear-and-present-danger test
law shouldn’t punish speech unless there was a clear and present danger of producing harmful actions
symbolic speech
an act that portrays 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 the government cannot be involved with religion
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
search warrant
a judge’s order authorizing a search
probable cause
reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
Due process of the law
Denies the government the right, without due process, to deprive 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 the 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
