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| Laws that decree a person guilty of a crime w/out trial. |
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| The individual liberty written in the constitution that permitted the individual to make a court order demanding to be brought to court to be shown the cause for detention. |
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| These are restraints on the government on what the government can and can't do. |
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| These are are restraints on how the government is supposed to act. |
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| Under the fifth amendment, the citizen is protected from arbitrary action by the national and state government. "innocent until proven guilty" |
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| The status of being governed by both the US federal government and the individual's state governments. |
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| The court order ruled that the fifth amendment, "no person shall be deprived of life, liberty, or property, without due process of law." It only applied to national government and not state government. |
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| the process by which court decisions have required the states to follow parts of the Bill of Rights based on the use or application of the Fourteenth Amendment. |
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| On 1925, the court ruled that free speech is a fundamental right and liberty that is protected by the fourteenth amendment. This meant that the State cannot abridge their citizen's right to free speech. |
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| This is when the supreme court started ruling with more amendments of the bill rights into their rulings against state rulings. This slowly placed responsibility on the state's who would have to follow the bill of rights. |
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| the first amendment clause that says that "congress shall make no law respecting an establishment of religion." thi means that a "wall of seperation" exists between church and state. |
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general guidelines for cases this area
-The practice must have a secular purpose.
-Its effects must neither advance nor inhibit religion.
-It must not entangle government and religious institutions in each other’s affairs. |
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| court ruling that tax-supported vouchers may be used at religious schools as long as the parents had a choice between religious and secular institutions. |
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| the citizen's right to believe and to practice whatever religion one chooses. |
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| Any law or regulation that has an effect on the first amendment rights is subjected to this judicial review to find out whether it is constitutional or not. |
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| "clear and present danger" test |
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| This test determines whether speech is protected or unprotected, based on its capacity to present a "clear or present danger" to society. |
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| A form of speech that is accompanied by conduct or physical activity such as sit-ins, picketing, and demonstrations; it is conditionally protected by the first amendment. It can be imposed with restrictions by state or local authorities if properly balanced by considerations of public order. |
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| This court ruling decided that newspapers cannot be restricted from publishing malicious or scandalous articles. |
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| A type of law that protects journalists from disclosing their sources to the government. This law can only be enacted by state governments. |
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| A written statement that is untruthful and is damaging to a victim because it is malicious, scandalous, and defamatory. |
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| very similar to libel, it is the untruthful and damaging oral statement. |
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| New York Times v. Sullivan |
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| The court ruled in favor of freedom of press. It defined something as libel only if it is untruthful. Accordingly, the article was malicious but not libel. |
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| this amendment decreed the right to bear arms in a militia. |
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| This rule said any evidence obtained in the violation of amendment 4: "right to privacy" will be excluded in the court of law. |
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| the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel. |
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| The right of government to take private property for public use. |
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