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Chapter 15 FM
First ammendment freedoms
18
Political Studies
12th Grade
11/25/2008

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Term

Writ of Habeus  Corpus

 

Definition
Court order requiring explanation to a judge y a prisioner is being held in custidy.
Term
Ex Post  Facto Law
Definition
Retroactive criminal law that works to the disadvantage of an individual; forbiden in the constitution.
Term
Bill of Attainder
Definition
legislative act inflicting punishment, including deprevation of property,without trial, unnamed individual or members of a specific group.
Term
Due Process Clause
Definition
clause in the fifth amendment limiting the power of the national government; similar clause in the 14th amendment prohibiting state government from depiving any person of life, liberty, or property without due process of law.
Term
Selective Incorporation
Definition

The process by which provisions of the bill of rights are brought within the scope of the fourteenth amendment and so applied to state and local governments.

Term
establishment clause
Definition
Clause in the first  ammendment that states that congress shall make no law respecting an establishment of religion.It has been interpreted by the supreme court as forbidding governmental support to any or all religions. 
Term
vouchers
Definition
money provided by the government to the parents for payment of their children tuition in a public or pirivate school of their choice.
Term

Free Exercise Clause

 

Definition
clause in the first amendment that states that congress shall make no law prohibiting the free exercise of religion.
Term
Bad tendency test
Definition
interpretation of the first amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.
Term
clear and present danger test
Definition
interpretatino of the first amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will elad to evil or illeagal acts. to shout "fire" falsely in a crowded theater is justice oliver wendell holmes famous example.
Term
preferred position doctrine
Definition
interpretations 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.
Term
nonprotected speech
Definition
libel, obscenity, fighting words, and commercial speech, wich are not entitled to constitutional protection in all circumstances.
Term
libel
Definition
written defamation of another person. Especially iin the case of public officials and public figures, the constituional test designed to restict libel actions are very rigid.
Term
sedition
Definition
attempting to overthrow  the government by force or to interrupt its activities by violence.
Term
obscenity
Definition
quality or state of  a work that taken as a whole appeals to a prurient interest in sex by dipicting sexual conduct in a patently offensive way and that lacks serious literaty, artistic, political or scientific value.
Term
fighting words
Definition
words that by their very nature inflict injury on those to whom they are addressed or incite then to acts of violence
Term
commercial speech
Definition
advertisments and commercials for products and services they receive less first amendment protection primarily to discourage false and misleading ads
Term
prior restraint
Definition
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