Due process Flashcards
What is the first amendment
The government should pass no law respecting an establishment of religion
What was the 14th amendment
It said that no state shall deprive any person of life liberty or property without due process of law
What is due process of law
Denies the government the right without due process to deprive people of life liberty and property. Another way of saying this is that no state shall deny any person within its jurisdiction the equal protection of the laws
What is the equal protection of the laws
A standard of equal treatment that must be observed by the government
What is it selective in Corporation
Court cases that apply bill of rights to states
Some but not all federal rights also applied to the states
The entire bill of rights is now applied to the states except for the following
The right to bear arms
the right not to have soldier forcibly quarter in private homes the right to be indicted by a grand jury before being try for a serious crime
the right to a jury trial in civil cases
the ban on excessive bail and finds
Freedom of expression
Right of people to speak publish and assemble
What is freedom of religion
People shall be free to exercise their religion and government may not establish a religion
What is prior restraint
Censorship of a publication
What is the sedition act
It was passed in 1798 making it a crime to right outer or publish any fall scandalous and malicious writing with the intention of defending the president Congress or the government or of exciting against the government
What is the smith act
The law made it illegal to advocates the overthrow of the US government by force or violence. The smith act required members of the Communist Party to register with the government
What is the clear and present danger test
Launch should not punish speech unless there was a clear and present danger of producing harmful actions
What is libel
A written statement that the fames the character of another person if the statement is oral it is called a slander
Writing that falsely injures another person
What is actual malice
With reckless disregard for their truth or falsity worth knowledge that they were false
Symbolic speech
An act that conveys a political message
