Chapter 5: Civil Liberties Flashcards
Due process of 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.
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 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.
