Chapter 5 Vocab

Question 1

clear and present danger test

Answer 1

A legal interpretation that reconciled two views of the First Amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech, but only if said speech presented a “clear and present danger”.

Question 2

Communist Control Act

Answer 2

A federal law enacted in 1954 which declared the Communist party to be part of a conspiracy to overthrow the government.

Question 3

due process clause of the Fourteenth Amendment

Answer 3

A part of the constitutional amendment ratified in 1868 that has been used by the Supreme Court to prevent state governments from infringing “fundamental personal rights,” such as freedom of speech.

Question 4

Espionage Act and Sedition Act

Answer 4

Federal laws enacted in 1917 and 1918 which made it a crime to utter false statements that would interfere with the military, to use the mails to advocate treason or resistance to laws, or to express any disloyalty intending to incite resistance to the war effort.

Question 5

establishment clause

Answer 5

One of two First Amendment clauses dealing with religion. It forbids government involvement in religion, even on a nonpreferential basis.

Question 6

exclusionary rule

Answer 6

A rule of criminal procedure which holds that evidence gathered in violation of the Constitution cannot be used in trial.

Question 7

freedom of expression

Answer 7

One of two parts of the First Amendment protecting freedom of speech, of the press, and of assembly, and the right to petition the government.

Question 8

freedom of religion

Answer 8

One of two parts of the First Amendment protecting the free exercise of religion and prohibiting the establishment of religion.

Question 9

free exercise clause

Answer 9

One of two first Amendment clauses dealing with religion. It forbids Congress from prohibiting individuals’ practice of religion, although there are rarely religious exemptions from laws that are binding on all individuals.

Question 10

good faith exception

Answer 10

A modification of the exclusionary rule allowing evidence in a trial even though it was obtained without following proper legal procedures if the police believed the procedures were properly executed. For example, this allows evidence to be submitted when the police believed that the search warrant had been properly issued.

Question 11

hate crime

Answer 11

A crime motivated by bigotry.

Question 12

Internal Security Act

Answer 12

A federal law enacted in 1950 which required members of the Communist party to register with the government.

Question 13

libel

Answer 13

A form of speech not given automatic constitutional protection, consisting of any written statement defaming the character of another person with a falsehood. Public figures must also prove actual malice.

Question 14

McCarthyism

Answer 14

An allegation that a person is unfairly impugning the motives, attacking the patriotism, or violating the rights of individuals. The term originated from the unsubstantiated charges advanced by Senator Joseph McCarthy in the 1950s.

Question 15

Miranda warnings

Answer 15

Informing a person taken into custody of the right to remain silent, the right to have a lawyer present during questioning, and the right to consult a lawyer without charge if unable to afford one. The requirement that the Miranda warning be delivered to detainees is a protection derived from the Fifth Amendment’s right not to incriminate oneself. Police failure to give the warning makes any confession presumed to be involuntary.

Question 16

obscenity

Answer 16

A form of speech not given automatic constitutional protection, defined as a work that, taken as a whole, appeals to the prurient interest as judged by contemporary community standards or that depicts sexual activity in a patently offensive manner, and that lacks literary, artistic, political, or scientific value.

Question 17

prior restraint

Answer 17

Government censorship of the press in advance of publication.

Question 18

probable cause

Answer 18

A condition that must be satisfied before a judge can issue a search warrant. It requires that a judge be persuaded by the police that good reason exists to believe that a crime has been committed and that the evidence bearing on that crime will be found at a certain location.

Question 19

public figure

Answer 19

A person of public stature, such as a celebrity or elected official. Public figures must prove actual malice to win a libel suit.

Question 20

search warrant

Answer 20

An order from a judge authorizing the search of a place. The warrant must describe what is to be searched and seized and is issued only after a judge is convinced by police that probable cause exists to believe that a crime has been committed and that evidence bearing on the crime will be found at a certain location.

Question 21

Sedition Act

Answer 21

A federal law enacted in 1798 which made it a crime to express anything false, scandalous, and malicious about officers of the federal government or to excite hatred against the government itself.

Question 22

Smith Act

Answer 22

A federal law enacted in 1940 which made it illegal to advocate the overthrow of the government by force or violence.

Question 23

symbolic speech

Answer 23

A form of speech not given automatic constitutional protection, involving an illegal act meant to convey a political message.

Question 24

wall of separation principle

Answer 24

An interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a nonpreferential basis.