AP Gov 5 Vocab – Flashcards
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Libel
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writing that falsely injures another person
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Clear-and-Present Danger Test
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Law should not punish speech unless there was a clear and present danger of producing harmful actions
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Preferred Position
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the right of free expression, though not absolute, occupies a higher, or more preferred, position than many other constitutional rights, such as property rights
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Prior Restraint
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with scarcely any exceptions, the court will not tolerate a prior restraint on expression, even when it will allow subsequent punishment of improper expressions
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Imminent Danger
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punishment for uttering inflammatory statements will be allowed only if there is an imminent danger that the utterances will incite unlawful act
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Symbolic Speech
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an act that conveys a political message
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Bill of Rights
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first ten amendments to the constitution
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Civil Liberties
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protections the Constitution provides against the abuse of government power
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Commercial Speech
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speech done on behalf of a company or individual for the intent of making a profit
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Due Process Clause
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14th amendment; says no state shall "deprive any person of life, liberty, property without due process of law"
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Establishment Clause
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First amendment ban on laws "respecting an establishment of religion"
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Exclusionary Rule
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improperly gathered evidence may not be introduced in a criminal trial
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Free Exercise Clause
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First amendment requirement that law cannot prevent free exercise of religion
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Gitlow v. New York
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supreme court says the first amendment applies to states
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Mapp v. Ohio
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evidence illegally gathered by the police may not be used in a criminal trial
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Miranda v. Arizona
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court describes ruling that police must give to arrested persons
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Obscenity
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in the present social conditions, must depict something in a patently offensive way, sexual conduct specifically defined by applicable state law
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Probable Cause
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reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
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Search Warrant
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A judge's order authorizing a search
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Selective Incorporation
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Court cases that apply Bill of Rights to states
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Slander
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the oral version of libel
