Ap gov ch 4 vocab – Flashcards
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Hecklers Vote
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occurs when an acting party's right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's behavior -incitement
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Symbolic Speech
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Nonverbal communication, such as burning a flag or wearing an armband
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Slander
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The verbal expression of false or malicious statements that damage someone's reputation. -usually he said she said
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Seditious Speech
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speech threatening the government -connected to clear and present danger
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Shield Laws
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Laws created to protect news reporters from being forced to testify in courts or disclose confidential information. -allows them protect their source
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Naturalization
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Legal process by which a citizen of one country becomes a citizen of another.
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Resident Alien
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A foreigner who is a permanent resident of the country in which he or she resides but does not have citizenship.
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Expatriation
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the act of expelling a person from their native land ex. Jenny & Blair 3x22
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Exclusionary Rule
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The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained
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Parochial
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Of or relating to a church parish. ex. school
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Jus Soli
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principle that a person's nationality at birth is determined by the place of birth. -anchor baby -law of soil
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Collective Naturalization
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Granting U.S. citzenship to a group of people through an act of Congress. ex. vietnamese after Vietnam War, Native americas
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Establishment Clause
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-no national religion -part of 1st amendment
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Prior Restraint
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A government and its actions preventing material from being published. Censorship. -press can't be edited
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Precedent
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A judicial decision that may be used as a standard in subsequent similar cases -landmark
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Gag Order
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A judge's order that a case may not be discussed in public.
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DeFacto Discrimination
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segregation that is not imposed by law. -cannot legislate human behavior -cafeterias in southern states.
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Denaturalization
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strip of the rights and duties of citizenship -loosing your citizenship
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Libel
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The publication of false or malicious statements that damage someone's reputation. -written -easier to prove in court than slander
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Incitement
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an act of urging on or spurring on or rousing to action or instigating/ rebel against government move to anger
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Pure Speech
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communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea. -conversational
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Double Jeopardy
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The prosecution of a person twice for the same offense.
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Non-Resident Alien
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A non-U.S. citizen who doesn't pass the green card test or the substantial presence test -ex. student visa
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Illegal Alien
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a foreigner who has entered or resides in a country unlawfully or without the country's authorization.
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Affirmative Action
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An action or policy favoring those who tend to suffer from discrimination, esp. in relation to employment or education -ex. college admissions
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Clear and Present Danger
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a standard for judging when freedom of speech can be abridged. Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech. Congress could only punish speech that created a threat to the public -sedition -if what you're doing is casing public danger
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Secular
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principle of separation of government institutions, and the persons mandated to represent the State, from religious institutions and religious dignitaries. -of the world
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Jus Sanguius
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principle that a person's nationality at birth is the same as that of his natural parents. -law of blood
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Release Time
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arrangement to be dismissed at a certain time for religious education if necessary -zorah case
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Free Exercise Clause
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-practice any religion unless it breaks the law -forbids congress from prohibiting individuals' practice of religion, although there are rarely religious exemptions from laws that are binding on all individuals.
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Incorporation
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The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment.
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Defamatory
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false or unjustified injury of the good reputation of another, as by slander or libel -de-faming the person -harmful speech (libel & slander)
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Picketing
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tool of free speech designed to alert the public of some kind of perceived wrong-doing of a business, organization, or government. -1st amendment: expression & assembly
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DeJure Discrimination
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segregation that is imposed by law.
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Communist Control Act
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A federal law enacted in 1954 which declared the Communist party to be a conspiracy to overthrow the government. Outlawed communism
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due process clause of the 14th amendment
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A part of the constitutional amendment ratified in 1868 that has been used by the supreme court to prevent state government from infringing "fundamental personal rights," such as freedom of speech.
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Espionage Act
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Federal laws enacted in 1917 and 1918 which made it a crime to utter false statements that would interfere with the military, to use the mails to advocated treason or resistance to laws, or to express any disloyalty intending to incite resistance to the war effort.
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Establishment Clause
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-no such thing as a national religion -forbids government involvement in religion, even on a non-preferential basis. It has been interpleted as a wall of separation between church and state
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Hate Crime
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A crime motivated by bigotry
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Exclusionary Rule
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A rule of criminal procedure which holds that evidence gathered in violation of the constitution cannot be used in trial.
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Freedom of Expression
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-part of 1st amendment that protects freedom of speech, of the press, and assembly, and the right to petition the government.
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Freedom of Religion
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One of two 1st amendment protecting the free exercise of religion and prohibiting the establishment of religion.
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Good Faith and Exception
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A modification of the exclusionary rule allowing evidence in a trial even though it was obtained without following proper legal procedures if the police believed the procedures were properly executed. Allows evidence to be submitted when the police believed that the search warrant had been properly issued.
