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Constitution/ Free Expression
Mrs. pagington's Justice and Law class
22
Law
10th Grade
03/11/2008

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Cards

Term
Amendments
Definition
one of the provisions of the US constitution enacted after the original Constitution became law
Term
Bill of Rights
Definition
the first ten amendments to the Constitution, which guarantee basic indiviudual rights to all persons in the US
Term
Balancing test
Definition
used by judges to resolve legal issues by balancing the interests in conflicts
Term
constitutional floor
Definition
no government can take away Constitutional rights- Supremacy Clause
Term
Judicial review
Definition
the process by which courts decide whether the laws passed by congress or state legislature are constitutional
Term
Marbury vs. Madison
Definition
Jefferson forbade Madison from delivering term so William Marbury's commission as justice of the peace for DC was not delivered.created judicial review, the supreme court is the guardian of Constitution
Term
obscenity
Definition
a general term applying to anything that is immoral, indecent, or lewd
Term
defamation
Definition
written or spoken expression about a person that is false and damages that person's reputation
Term
slander
Definition
spoken expression about a person that is false and damages that person's reputation
Term
libel
Definition
a written expresion about a person that is false and damages that person's reputation
Term
commercial speech
Definition
speech that is directed at buying or selling goods and services. The law treats commercial speech differently from political speech and other forms of expression
Term
fighting words
Definition
a legal term applying to words that are so abusive that they are likely to cause a fight between the speaker and the person spoken to
Term
clear and present danger
Definition
a tes formally used by the courts to restict speech when the government thought it would create an immediate danger of serious harm
Term
incitement test
Definition
a methid used by courts to determine whether to restrict expression based on its potential to cause immediate unlawful behavior
Term
public forum
Definition
places such as parks or streets, where First Amendment expression rights are traditionally exercised
Term
symbolic speech
Definition
conduct that expresses an idea (for example wearing a black arm band to protest war
Term
vagueness
Definition
indefiniteness, uncertainty, imprecision
Term
censorship
Definition
1. the denial of freedom of speech or freedom of the press 2. the process of examining publications or films for material that the government considers harmful or objectionable
Term
prior restraint
Definition
any effort to censor a publication before it goes to press
Term
Tinker vs. Des Moines
Definition
Students wanted to wear black armbands to testify against war; lost case
Term
Hazelwood VS Kuhlmeier
Definition
Students wanted to print ads in school newspaper; lost case
Term
proposing amendment
Definition
A- 2/3 vote of both houses of congress, then national convention 2/3 states
B- ratified by 3/4 states, ratified by conventions 3/4 states
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