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AP Govt. Chapter 4 Flashcards

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7290835195Actual maliceEither knowledge of a defamatory statement's falsity or a reckless disregard for the truth.0
7290835196Civil libertiesThose personal freedoms that are protected for all individuals. Civil liberties typically involve restraining the government's actions against individuals.1
7290835197Clear and present danger testThe test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.2
7290835198Commercial speechAdvertising statements, which increasingly have been given First Amendment protection.3
7290835199Defamation of characterWrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.4
7290835200Establishment clauseThe part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of state and local government aid to religious organizations and schools, the legality of allowing or requiring school prayers, and the teaching of evolution versus intelligent design.5
7290835201Exclusionary ruleA policy forbidding the admission at trial of illegally seized evidence.6
7290835202Free exercise clauseThe provision of the First Amendment guaranteeing the free exercise of religion.7
7290835203Gag orderAn order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial.8
7290835204Incorporation theoryThe view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.9
7290835205LibelA written defamation of a person's character, reputation, business, or property rights.10
7290835206Prior restraintRestraining an action before the activity has actually occurred. When expression is involved, this means censorship.11
7290835207Public figurePeople who assume roles of prominence in society or thrust themselves to the forefront of public controversy; CHOICE12
7290835208SlanderThe public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.13
7290835209Symbolic speechNonverbal expression of beliefs, which is given substantial protection by the courts.14

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