AP Gov Chapter 16 Vocab – Flashcards
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writ of habeas corpus
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a court order requiring explanation to a judge why a prisoner is held in custody
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ex post facto law
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retroactive criminal law that works to the disadvantage of an individual; forbidden in Constitution
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bill of attainder
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legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
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due process clause
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clause in the Fifth Amendment limiting the power of the national government; similar to clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law
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selective incorporation
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the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments
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establishment clause
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clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. Forbids governmental support of any or all religions
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free exercise clause
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clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion. Children may pray in schools as long as that prayer is not authorized, organized, or endorsed by school authorities
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bad tendency test
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Interpretation of the First Amendment that would permit legislatures to forbid speech that has a tendency to cause people to engage in illegal action
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clear and present danger test
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Interpretation of the First Amendment that holds government cannot punish a person for speech unless the speech presents a clear and present danger that it will lead to illegal acts
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preferred position doctrine
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Interpretation of the First Amendment that holds that freedom of expression is so essential to the operation of a democracy that judges should give it special protection and should almost never allow governments to punish persons for what they say, only what they do
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nonprotected speech
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libel, obscenity fighting words, and commercial speech are examples
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libel
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written defamation of another person
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sedition
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attempting to overthrow the government by force of to interrupt its activities by violence
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obscenity
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work that appeals to an interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
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fighting words
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words that by their very nature inflict injury upon those to whom they are addressed or cause acts of violence by them
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commercial speech
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advertisements and commercials for products and services that receive less First Amendment protection, mostly false and misleading ads
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prior restraint
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restraint or censorship imposed before a speech is made or a newspaper published, usually presumed to be unconstitutional
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civil disobedience
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action in which people refuse to obey the law or comply with the orders of public officials as a means to expressing their opposition to the government or some of its laws
