ch 13 Flashcards
(22 cards)
Civil rights
The constitutionally guaranteed rights that the governmental cannot arbitrarily remove among the rights are the right to vote and equal protection under the law
Civil liberties
The individual freedoms and rights guaranteed to every citizen in the bill of rights and the due process clause of the fourteenth amendment including freedom of speech and religion
Clear and present danger
A free speech test allow in states to regulate only speech that has an immediate connection to an action the states are permitted to regulate
Incorporation
The process whereby the Supreme Court has found that the bill of rights protections apply to the states
No incorporation
An approach in which states would be bound only by the dictates of due process contained in the fourteenth amendment
Total incorporation
An approach arguing that the protections in the bill of rights were so fundamental that all of them should be applied to the states absorbing them into the due process clause of the fourteenth amendment
Double jeopardy
Trying a defendant twice for the same crime; banned by the 5th amendment
Selective incorporation
An incorporation standard in which some portions of the bill of rights but not all were made part of the fourteenth amendments due process clause and this guaranteed against invasion by the states
Selective incorporation plus
The Supreme Courts current rule for applying the bill of rights to states. States are now bound by most, but not all, of the first eight amendments plus some unnumerated rights, such as privacy, that have been created by the court but are not part of the text in the bill of rights
Lemon test
A test from the 1971 Supreme Court case Lemon v Kuntzman for determining the permissible level of state aid for church agencies by measuring it’s purpose on three counts; is it non religious in nature? Does it either advance or inhibit religion?
Secular regulation rule
Rule denying any constitutional right to exemption on free exercise grounds from laws dealing with non religious matters
Least restrictive means test
A free exercise of religion test in which the state was asked to find another way perhaps through exemptions to enforce it’s regulations while protecting all other religions
Hate speech
Speech or symbolic actions intended to inflict emotional distress to defame or to intimidate people
Symbolic speech
Some actions such as burning the American flag that take the place of speech because they communicate a message
Fighting words
Certain expressions so volatile that they are deed to incite injury and are therefore not protected on the first amendment
Prior restraint
an action in which the government seeks to ban the publication of controversial material by the press before it’s published censorship
Subsequent punishment
Laws that would punish someone for an action after it has taken place. For example laws such as those banning libel and obscenity because they are harmful to reputations or public sensibilities punish writers, editors, and publishers after an item appears in print
slander
Speech that is untruthful, malicious, of damaging to a persons reputation or good name and thus not protected by the free speech clause
Libel
Published material that damages a persons reputation or good name in an untruthful and malicious way. Libelous material is not protected by the first amendment
Exclusionary rule
Rule whereby evidence gathered by illegal means, and any other evidence gathered as a result, cannot be used in later trials
Probable cause
A reasonable belief that a crime has been is being or is about to be committed. Searches also require a belief that evidence of that crime may be located in a particular place. Police must establish this to a judge to secure a search warrant or retroactively justify a search that has already taken place
Miranda warning
A warning that must be recited by police officers to a suspect before questioning” you have the right to remain silent” established Miranda v Arizona
