Vocab 3 Flashcards

1
Q

Prior Restraint

A

Governmental prohibition imposed on expression before the expression actually takes place.

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2
Q

Prior Restraint Sentence

A

Government officials may practice prior restraint if the information compromises national security.

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3
Q

Prior Restraint Example

A

The Supreme Court has determined that prior restraint may be exercised by school districts, as they have a higher degree of control than the government in Hazelwood v. Kuhlmeier (1988).

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4
Q

Prior Restraint Non-Example

A

In Near v. Minnesota, the SCOTUS determined that the government can’t censor the press, even if the news is defamatory.

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5
Q

Self Incrimination

A

Providing evidence of testimony that could be used against oneself, usually in a criminal proceeding.

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6
Q

Self Incrimination Sentence

A

During the interrogation, the suspect chose to remain silent to avoid any possibility of self-incrimination.

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7
Q

Self Incrimination Example

A

In 1963, without being advised of his right to remain silent, Ernesto Miranda confessed to kidnapping and rape after being confronted with circumstantial evidence.

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8
Q

Self Incrimination Non-Example

A

In 2022, former President Trump invoked his 5th Amendment rights over 400 times during a deposition.

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9
Q

Symbolic Speech

A

Expressions conveyed through actions/symbols, not words.

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10
Q

Symbolic Speech Sentence

A

Kneeling during the National Anthem has become a common form of symbolic speech.

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11
Q

Symbolic Speech Example

A

The SCOTUS ruled in Texas v. Johnson (1989) that flag burning is protected under the First Amendment as a form of symbolic speech.

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12
Q

Symbolic Speech Non-Example

A

The SCOTUS ruled in Miller v. California (1973) that obscene material was not artistic and could not therefore be protected as symbolic speech/expression.

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