Civil Liberties Flashcards
Freedom of expression
Right of people to speak, publish, and assemble.
Freedom of religion
People shall be free to exercise their religion, and government may not establish a religion.
Selective incorporation
The process whereby the Court has applied most, but not all, parts of the Bill of Rights to the states.
Prior restraint
Censorship of a publication
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
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
