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| 267923484 | new judicial federalism | the practice of some state courts using the bill of rights in their state constitutions to provide more protection for some rights than is provided by the SC's interpretation of the Bill of Rights | 0 | |
| 267923485 | selective incorporation | the process by which provisions of the bill of rights are brought within the slope of the 14th amendment and so applied to state and local govs (bill of rights apply to states) | 1 | |
| 267923486 | establishment clause | clause in the first amendment that states that congress shall make no law respecting an establishment in religion. the SC interpreted this to forbid governmental support to any or all religions | 2 | |
| 267923487 | free exercise clause | clause in the first amendment that states that congress shall make no law prohibiting the free exercise of religion | 3 | |
| 267923488 | endorsement test | asks whether a particular government action amounts to an endorsement of religion, thus violating the establishment clause; cannot promote a religion | 4 | |
| 267923489 | neutrality test | you could have mix of church and state but gov would not favor one religion over another; remains neutral; not as much involvement of gov and religion | 5 | |
| 267923490 | non-preferentialist test | allow a lot of involvement of church and state but cannot favor one religion over another | 6 | |
| 267923491 | accommodation/coercion | gov. cannot force you into a religion | 7 | |
| 267923492 | compelling interest test | a method for determining the constitutionality of a statute that restricts the practice of a fundamental right or distinguishes between people due to a suspect classification (says gov. has to convince court that there is a compelling interest to restrict a right by states) | 8 | |
| 267923493 | bad tendency doctrine | interpretation of the first amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action. certain words lead to bad actions | 9 | |
| 267923494 | clear and present danger doctrine | interpretation of the first amendment that holds that the gov. cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts | 10 | |
| 267923495 | no prior restraint doctrine | very difficult to have prior restraint; doesn't stop something before hand from being said; courts don't believe their should be restraint; no censorship | 11 | |
| 267923496 | preferred position doctrine | interpretation of the first amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do | 12 | |
| 267923497 | sunshine laws | a law requiring certain proceedings of gov. agencies to be open or available to the public; gov. can do some things in private (ex: firing and hiring people) but have to make everything public (ex: throwing a meeting) | 13 | |
| 267923498 | prior censorship | censorship in which certain material may not be published or communication, rather than not prohibiting publication but making the publisher answerable for what is made known; I won't let you know something, say something (ex: hate words on TV shows) | 14 | |
| 267923499 | fairness doctrine | a former federal policy requiring TV and radio broadcasters that presented one side of a controversy to provide the opportunity for opposing POV to be expressed at no charge | 15 | |
| 267923500 | smith act 1940 | a US statute that set criminal penalties for advocating the overthrow of the US gov. and required all non-citizen adult residents to register with the gov. | 16 | |
| 267923501 | alien and sedation act 1798 | 4 bills passed in an effort to strengthen the fed. gov. they were sponsored by the federalists intended to quell any political opposition from the republicans; jefferson; alien: definition of alien, restricting; sedition: saying bad, untrue things about gov. so it restricted speech about gov. | 17 | |
| 267923502 | fighting words | words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence | 18 | |
| 267923503 | absolute right | rights that cannot be overridden and thus are "unconditional" regardless of competing moral claims or social conditions | 19 | |
| 267923504 | vagueness | poorly expressed, not coherent in meaning, unclear; so vague law could entail speech | 20 | |
| 267923505 | overbreadth | primarily concerned with facial challenges to laws under the first amendment; pass a law that's so broad it could carry over to speech | 21 | |
| 267923506 | telecommunications act 1996 | first time internet was included, first time you could buy airwaves (pay to hear it), deregulated air waves | 22 | |
| 267923507 | least drastic means test | a standard imposed by the courts when considering the validity of legislation that touches upon constitutional interests; have to pick least amount of action to restrict something dealing with first amendment | 23 | |
| 267923508 | content neutral | how you can restrict first amendment as long as you are not restricting content; either all signs or no signs; can't say yes to one sign and no to another | 24 | |
| 267923509 | centrality of political speech | so protected, political officials can't go after you for what you say | 25 | |
| 267923510 | obscenity | not protected; quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literacy, artistic, political, or scientific value | 26 | |
| 267923511 | pornography | not protected; printed or visual material containing the explicit description or dismay of sexual organs or activity | 27 | |
| 267923512 | expressive speech | speech = conduct, ex: burning a flag | 28 | |
| 267923513 | commercial speech | advertisements and commercials for products and services; they receive less first amendment protection, primarily to discourage false and misleading ads; most regulated | 29 | |
| 267923514 | equal-time requirement | US radio and TV broadcast stations must provide an equivalent opportunity to any opposing political candidates who request it | 30 | |
| 267923515 | executive privilege | the power to keep executive communications confidential, especially if they relate to national security | 31 | |
| 267923516 | picketing | a form of protest in which people congregate outside a place of work or location where an event is taking place; protected | 32 | |
| 267923517 | freedom of information act 1966 | a fed. freedom of info law that allows for the full or partial disclosure of previously unreleased info and documents controlled by the US gov; how do i know what ppl say/know about me | 33 | |
| 267923518 | libel | written defamation of another person. for public officials and public figures, the constitutional tests designed to restrict libel actions are esp. rigid; not protected under speech | 34 | |
| 267923519 | slander | communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, gov., or nation a negative image | 35 | |
| 267923520 | time, place, and manner doctrine | restricts expression; there is a time and place for expression; tells where, when, and how you can protest | 36 | |
| 267923521 | public forums | a gov. owned property that is open to public expression and assembly...streets, sidewalks, park | 37 | |
| 267923522 | limited public forums | nonpublic forums that have been specifically designated by the gov. as open to a certain group or topic at certain times of the day; limited access | 38 | |
| 267923523 | nonpublic forums | not specifically designated as open to public expressions. ex: could go to office building, but can't go into a specific office | 39 | |
| 267923524 | sedition | attempting to overthrow the gov. by force or use violence to interrupt its activities; violence isn't protected | 40 | |
| 267923525 | sabotage | a deliberate action aimed at weakening another entity through subversion, obstruction, disruption, or destruction | 41 | |
| 267923526 | public officials | someone who holds an office in an organization or gov. and participates in the exercise of authority | 42 | |
| 267923527 | public persons | people who make their fame by putting themselves out there | 43 | |
| 267923528 | private persons | protected from libel or slander | 44 | |
| 267923529 | lemon test | details the requirements for legislation concerning religion; says what is the prevailing attitude of mixing church and state...1) law must have a secular purpose, 2# must neither advance or prohibit religion, 3) must avoid excessive gov. entanglement with religion | 45 | |
| 267923530 | miller test | US SC's test for determining whether speech or expression can be labeled obscene, in which case its not protected by the first amendment and can be prohibited | 46 | |
| 267923531 | o'brien test | test of what action won't be covered by gov. (ex: burning of draft cards), what kind of conduct isn't protected, 1) OK if it's your only way to protest, 2) belongs to gov., 3) gov. has to prove what they want protected is important | 47 |
