Chapter Four Flashcards
(36 cards)
A test established by the Supreme Court in Gitlow v. New York determining that any speech with the likelihood of inciting crime or disturbing the public peace can be silenced.
Bad Tendency Test
Constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference.
Civil Liberties
A standard established in the 1919 Supreme Court case Schenck v. U.S. whereby the government may silence speech or expression when there is a clear and present danger that this speech will bring about some harm that the government has the power to prevent.
Clear and Present Danger Test
A standard established in the 1951 case Dennis v. U.S. whereby the government could suppress speech to avoid grave danger, even if the probability of the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969.
Clear and Probable Danger Test
Advertising statements that describe products.
Commercial Speech
Safeguards for those accused of crime; these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders.
Criminal Due Process Speech
Supreme Court ruling stating that corporations and labor unions are entitled to the same First Amendment protections that individuals enjoy, resulting in drastically increased spending through super PACs by corporations and labor organizations.
Citizens United v. Federal Election Commission
The trying of a person again for the same crime that he or she has been cleared of in court; barred by the Fifth Amendment.
Double Jeopardy
The legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments.
Due Process
The First Amendment clause that bars the government from passing any law “respecting an establishment of religion”; often interpreted as a separation of church and state but this is increasingly challenged.
Establishment Clause
The criminal procedural rule stating that evidence obtained illegally cannot be used in a trial.
Exclusionary Rule
The Supreme Court banned formal teacher- or adminstrator-led prayer in public elementary or secondary schools as a violation of the Establishment Clause of the First Amendment.
Engle v. Vitale
Speech that is likely to bring about public disorder or chaos; the Supreme Court has held that this speech may be banned in public places to ensure the preservation of public order.
Fighting Words
The First Amendment clause prohibiting the government from enacting laws prohibiting an individual’s practice of his or her religion; often in contention with the establishment clause.
Free Exercise Clause
The Supreme Court decision establishing the bad tendency test, which determines that any speech with the likelihood of inciting crime or disturbing the public peace can be silenced.
Gitlow v. New York
The Supreme Court determined that the Sixth Amendment’s guarantee to the right of counsel requires that the government provide an attorney for people who cannot afford to hire one.
Gideon v. Wainwright
An ancient right that protects an individual in custody from being held without the right to be heard in a court of law.
Habeas Corpus
A standard established in the 1969 Brandenburg v. Ohio case, whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of immediate disorder or lawlessness.
Imminent Lawless Action Test (Incitement Test)
A three-part test established by the Supreme Court in the 1971 case Lemon v. Kurtzman to determine whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause.
Lemon Test
False written statements about others that harm their reputation.
Libel
A concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas.
Marketplace of Ideas
A criminal procedural rule, established in the 1966 case Miranda v. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation.
Miranda Rights
This Supreme Court decision requires the states to guarantee their own citizens the Second Amendment’s protection of an individual’s right to own guns.
McDonald v. Chicago
In this decision, the Supreme Court found that prior restraint of the press—prohibiting publication—violated the First Amendment’s protection of freedom of the press.
New York Times v. U.S.
