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FirstAmendmentFreedoms-EAR
Rights and Liberties-Ch.15
18
Political Studies
12th Grade
01/06/2009

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Cards

Term

Writ of Habeas Corpus

Definition
Cort order requiring explanation to a judge why a prisoner is being held in custody
Term
Ex Post Facto Law
Definition
Retroative criminal law that works to the disadvantage of an individual; forbidden in the Constitution
Term
Bill of Attainder
Definition
Legislative act inflicting punishment, including deprivation of property, without a trail or named individuals 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 Fourteenth Amendment porhibiting state governments from depriving 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 Amendement and so applied to state and local governments.
Term
Vouchers
Definition
Money provided by the goverment to parents for payment of their children's tuition in a public or private school of their choice.
Term
Establishment Clause
Definition
Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. It has been interpreted by the Supreme Court as forbidding govermental support to any or all religions.
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 enage in illegal action
Term
Clear and Present Danger Test
Definition
Interpretation of the first amendment that holds that the goverment cannnot interfere with speech unless the speech presents a cear and present danger that it will lead to evil or illegal acts.
Term
Preferred Position Doctrine
Definition
Interpretation of the First Amendment that holds that freedom of expression is so essential to democracy that goverments should not punish persons for what they say, only for what they do.
Term
Nonprotected Speech
Definition
Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances.
Term
Libel
Definition
Written defamation of another person. Especially in the case of public officials and public figures, the consitutional tests designed to restrict libel actions are very rigid.
Term
Sedition
Definition
Attempting to overthrow the government by force or to intupt it's 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 depicting sexual conduct in a patently offensive way and that lacks serious literary, 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 them to acts of violence
Term
Commercial Speech
Definition
Advertisements and commercials for products and services; they receive less First Amendment protection, primarily to discourage false and misleading ads.
Term
Prior Restraint
Definition
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconsitutional
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