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We The People 10th Edition Chapter 4 Flashcards

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1701785857Bill of RightsThe first ten amendments to the Constitution. They include rights such as freedom of speech and religion and due process protections (such as the right to a jury trial) for persons accused of crimes.0
1701785858civil libertiesThe fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the US are protected by the Bill of Rights.1
1701785859clear-and-present-danger testA test devised by the Supreme Court in 1919 in order to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.2
1701785860due process clause (of the Fourteenth Amendment)the clause of the constitution that has been used by the judiciary to apply bill of rights to the actions of state governments3
1701785861establishment clausethe First Amendment provision stating that government may not favor one religion over another or favor religion over no religion, and prohibiting Congress from passing laws respecting the establishment of religion.4
1701785862exclusionary ruleThe legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means (for example, illegal search and seizure).5
1701785863free-exercise clauseA First Amendment provision that prohibits government from interfering with the practice of religion.6
1701785864freedom of expressionAmericans' freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition.7
1701785865imminent lawless action testA legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action.8
1701785866Lemon testA three-part test to determine whether a law relating to religion is valid under the religious establishment clause. To be valid, a law must have a secure purpose, serve neither to advance no inhibit religion and avoid excessive government entanglement with religion.9
1701785867libelPublication of false material that damages a person's reputation.10
1701785868prior restraintGovernment prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.11
1701785869procedural due processThe constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense.12
1701785870right of privacyA right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude. The right gives individuals a level of free choice in areas such as reproduction and intimate relations.13
1701785871selective incorporationProcess by which certain of the rights (for example, freedom of speech) contained in the bill of rights become applicable through the 14th amendment to actions by the state governments.14
1701785872slanderSpoken falsehoods that damage a person's reputation15
1701785873symbolic speechAn action for the purpose of expressing a political opinion (ex.-Waving the flag)16

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