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chapter 4
civil lib
14
Political Studies
Undergraduate 2
05/03/2010

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Term
establishment clause
Definition

the part of the first amendment prohibiting the establishment of a church officially supported by the national government

Term
free exercise clause
Definition
the provision of the first amendment guaranteeing the free excise of religion
Term
prior restraint
Definition

restraining an activity before it has actually occurred. When expression is involved this means censorship

Term
symbolic speech
Definition
expression made through articles of clothing. Gestures, movements, and other forms of nonverbal communication commercial speech
Term
commercial speech
Definition

advertising statements which increasingly have been given first amendment protection

Term
clear and present danger tests
Definition

the test proposed by justice oliver Wendell holmes for determining when government may restrict free speech. Restrictions are permissible only when speech presents a clear and present danger to the public order

Term
obscenity
Definition

sexually offensive material. Obscenity can be illegal if it is found to violate a four part test established by the united states supreme court

Term
slander
Definition

public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, someone other than the defamed party.

Term
libel
Definition
a written defamation of a persons character, reputation, business, or property rights
Term
actual malice
Definition
either knowledge of a defamatory statements falsity or a reckless disregard for the truth
Term
gag order
Definition

an issue ordered by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused right to a fair trial

Term
Writ of habeas corpus
Definition

habeas corpus means literally “ you have the body” a writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held

Term
arraignment
Definition

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

Term
exclusionary rule
Definition
a judicial policy prohibiting the admission at trial of illegally seized evidence
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