Ap Gov’t Civil Liberties ch.18 – Flashcards
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civil liberties
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The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation
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McCarthyism
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The practice of making accusations of disloyalty, subversion, or treason without any real evidence.
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Freedom of Expression
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right to express oneself and one's views in spoken words, actions, printed materials, assemblies or gatherings and petitions submitted to the government. It refers to the collective rights guaranteed in the First Amendment to the US Constitution: religion, speech, press, assembly and petition.
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Freedom of Religion
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people shall be free to have their religion, and government may not establish a religion
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prior restraint
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government censorship of information before it is published or broadcast
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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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due process clause
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14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
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symbolic speech
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nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
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libel
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a tort consisting of false and malicious publication printed for the purpose of defaming a living person
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slander
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words falsely spoken that damage the reputation of another
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establishment clause
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Clause in the First Amendment that says the government may not establish an official religion.
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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.
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wall of separation principle
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An interpretation of the establishment clause embraced by the Supreme Court that allows no government involvement with religion, even on a non-preferential basis.
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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. The rule prohibits use of evidence obtained through unreasonable search and seizure.
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search warrant
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A writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized.
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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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good faith exception
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An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.
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hate speech
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speech made to offend someone
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Miranda warning
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ruling that requires police, when arresting suspects, to inform them of their rights, including the right to remain silent and have an attorney present during questioning
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shield laws
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a law which gives reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings
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lemon test
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The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
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incorporation doctrine
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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 fourteenth amendment
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double jeopardy
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being tried twice for the same crime
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fighting words doctrine
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established in Chaplinsky v New Hampshire (1942), the decision incorporated into state law the concept that the government can limit free speech if it can be proved that the result of speech will cause physical violence.
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indictment
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formal list of charges and guaranteed by the 5th amendment
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judicial federalism
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The practice of some courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the Constitution.
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living will
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A document that indicates what medical intervention an individual wants if he or she becomes incapable of expressing those wishes.
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cruel and unusual punishment
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Punishment that does not fit the nature of the crime
