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17 Cards in this Set
- Front
- Back
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Civil Liberties |
Those personal freedoms that are protected for all individuals. |
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Incorporation Theory |
The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause. |
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Establishment Clause |
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. |
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Free Exercise Clause |
The provision of the First Amendment guaranteeing the free exercise of religion |
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Prior Restraint |
Restraining an action before the activity has actually occurred. |
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Symbolic Speech |
Nonverbal expression of beliefs, which is given substantial protection by the courts |
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Commercial Speech |
Advertising statements, which increasingly have been given First Amendment protection |
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Clear and Present Danger Test |
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. |
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Defamation of Character |
Wrongfully hurting a person's good reputation. |
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Slander |
The public uttering of a false statement that harms the good reputation of another. |
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Libel |
A written defamation of a person's character, reputation, business, or property rights. |
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Actual Malice |
Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth |
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Public Figure |
A public official, movie star, or other person known to the public because of his or her position or activities |
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Gag Order |
An order issued by a judge restricting the publication of news about a trial or pretrial hearing to protect the accused's right to a fair trial |
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Writ of Habeas Corpus |
Habeas corpus means you have the body. A writ is an order that requires jailers to bring a prisoner before a court or judge and explain why they are being held |
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Arraignment |
The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty |
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Exclusionary Rule |
A policy forbidding the admission at trial of illegally seized evidence |
