Unit 3 Vocab Flashcards
Civil liberties
applies to protections for all Americans from the abuse of government power
Civil rights
protects particular groups from descrimination
Selective incorporation
when the court applies the bill of rights to state government policy through the fourteenth amendment’s due process and equal protection clauses
indictment
fifth amendment right to be formally accused of a crime by a grand jury
clear and present danger test
established in Schenck v US, free speech may be limited if it threatens to harm the general welfare of the public
slander
spoken defamatory language
libel
written defamatory language
obscenity
speech intended to cause violence
Preferred position doctrine
any limits on speech must address severe, imminent threats to the nation
Schneck v US
A socialist called on men not to enlist in the army during WW1, he was found guilty of violating the espionage act because his speech created a clear and present danger
Tinker v des Moins
children from the Tinker family participated in a silent protest by wearing wristbands and were suspended by their school. This suspension was found unlawful because their form of speech did not cause a substantial disruption at school
Shield laws
is a law that gives reporters protection against being forced to disclose confidential information or sources in state court
obscenity test
would an average person find the work as appealing primarily to people’s sexual instincts, does the work lack any other value, does the work depict sexual behavior in an offensive manner
NYT v US
Pentagon papers were leaked, but the government argued that this violated the espianage act and that they should have had the right to prior restraint, court decided that NYT had a right to publish the papers without government interference
Freedom of association
the government may not restrict the number of type of groups or organizations that people belong to, provided those groups do not threaten national security
establishment clause
the government may not establish or favor a religion
free exercise
constitutional guaranteed right to allow individuals the right to practice any faith, as long as it does not harm others
Lemon test
does the law have secular purpose, does the law neither promote nor discourage religion, does the law avoid “excessive entanglement” of government and faith
Wisconsin v Yoder
the amish are permitted to remove their children from school after eighth grade in order to practice their faith and their cultural work, which is equal in value to a public school education
first amendment
freedom of speech, religion, press assembly, and petition, as well as other rights
second amendment
right to own a firearm (in relation to a militia)
third amendment
individuals cannot be forced to quarter soldiers
fourth amendment
freedom from unreasonable searches and seizures