First Amendment Freedoms Flashcards
Writ of Habeas Corpus
A court order requiring explanation to a judge why a prisoner is being held in custody
Ex Post Facto Law
Retroactive criminal Law that works to the disadvantage or a person
Bill of Attainder
Legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
Due Process Clause
Clause in the 5th Amendment limiting the power of the national government; similar Clause in the 14th prohibiting state governments from depriving any person of life, liberty, property without due process of law
Selective Incorporation
The process by which provision of the bill of rights are brought within the scope of the 14th Amendment and so applied to state and local governments
Establishment Clause
Clause in the 1st that states that Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions
Vouchers
Money government provides to parents to pay their children’s tuition in a public or private school of their choice
Free Exercise Clause
Clause in the 1st that would permit legislatures to forbid speech encouraging people to engage in illegal action
Bad Tendency Test
Interpretation of the 1st Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action
Clear and Present Danger Test
Interpretation of the 1st that holds that the government cannot interfere with speech unless the speech presents a clear and Present danger that it will lead to evil or illegal acts
Preferred Position Doctrine
Interpretation of the 1st 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
Nonprotected Speech
Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances
Libel
Written defamation do another person. For public officials and public figures, the constitutional tests designed to restrict libel actions are especially rigid
Sedition
Attempting to overthrow the government by force or use violence to interrupt its activities
Obscenity
Quality of 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
