exam 2 Flashcards
civil liberties
Basic political freedoms that protect citizens from governmental abuses of power. (page 92)
Civil War amendments
The Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War. (page 96)
due process clause
Part of the Fourteenth Amendment that forbids states from denying “life, liberty, or property” to any person without due process of law. (A nearly identical clause in the Fifth Amendment applies only to the national government.) (page 96)
selective incorporation
selective incorporation
establishment clause
Part of the First Amendment that states “Congress shall make no law respecting an establishment of religion,” which has been interpreted to mean that Congress cannot sponsor or favor any religion. (page 98)
free exercise clause
Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion. (page 98)
Lemon test
The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment’s establishment clause. (page 100)
strict scrutiny
The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be shown to serve a “compelling state interest” or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal. (page 102)
intermediate scrutiny
The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be “content neutral,” must further an important government interest in a way that is “substantially related” to that interest, and must use means that are a close fit to the government’s goal and not substantially broader than is necessary to accomplish that goal. (page 102)
clear and present danger test
Established in Schenck v. United States, this test allows the government to restrict certain types of speech deemed dangerous. (page 103)
direct incitement test
Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent “lawless action.” (page 103)
symbolic speech
Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech. (page 104)
hate speech
Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment. (page 105)
prior restraint
A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials. (page 107)
slander
Spoken false statements that damage a person’s reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (page 109)
libel
Written false statements that damage a person’s reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (pag
libel
Written false statements that damage a person’s reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (pag
commercial speech
Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech. (page 109)
Miller test
Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government. (page 110)