Ch 5 Flashcards
Due process of law
Denies the government the right, without due process, to deprive people of life, liberty and property
Equal protection of the laws
A standard of equal treatment that must be observe by the government
Selective incorporation
The process whereby the court has applied most, but not all, parts of the bill of rights to the states
Freedom of expression
Right of people to speak, publish and assemble
Freedom of religion
People shall be free to exercise their religion, and government may not establish a religion
Prior restraint
Censorship of a publication
Clear-and-present-danger test
Law should not punish speech unless there was a clear and present danger of producing harmful actions
Libel
Writing that falsely injures another person
Symbolic speech
An act that coveys a political message
Free-exercise clause
First amendment requirement that law cannot prevent free exercise of religion
Establishment clause
First amendment ban on laws “respecting the establishment of a religion”
Wall of separation
Court ruling that government can’t be involved with religion
Exclusionary rule
Improperly gathered evidence may not be introduced in a criminal trial
Search warrant
A judges order authorizing a search
Probable cause
Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion
