Chapter Six Flashcards
(56 cards)
Constitutional law
a body of principles and rules either explicitly stated in, or inferred from, the U.S. Constitution and those of the individual states
State action requirement
a court imposed requirement that most constitutional protections apply only if a governmental entity is involved
Bill of Rights
the first ten amendments to the U.S. constitution
Freedom of expression
a term used to include a group of first amendment provisions designed to protect people’s ability to inform and influence others.
Balancing tests (in context of interpreting the first amendment)
a group of tests or standards that have been developed for determining whether the first amendment prohibits government actions based on balancing the benefits of free expression against other legit and important gov interests
Clear and present danger test
a test used by judges in which the courts will limit rights of free expression when the challenged actions create a “clear and present danger” that they will bring about substantive evils that gov has a right to prevent
Pure speech
the use of spoken words to communicate info
Symbolic speech
the use of physical actions, rather than spoken or written words, to express a point of view
Commercial speech
advertising that communicates info about nature, availability, and prices for various commercial products and services
Obscene materials
written and pictorial materials relating to sexual activities that are not protected by the first amendment
Indecent materials
materials related to nudity, sex, and foul language that are objectionable to many people and not appropriate for children, yet fall short of the constitutional standard for being obscene
Fighting words
written or spoken words, generally expressed to incite hatred or violence from their target
Hate speech
a form of communication that involves the expression of hatred for, or violence against, a specific minority group or the other protected class of people
Penalty enhancement statute
a law that provides for a stiffer penalty in situations in which the crime victim was specifically selected on the basis of race, religion, disability, gender, national origin, or ancestry
Time and place restrictions
governmental restrictions that limit when and where free expression activities can take place
Content neutrality
a court imposed requirement that government regulations of free expression not be based on the view point being expressed or the identity of the speaker
Over-breadth doctrine
if a statute is written in such a way as to limit more expression than is unconstitutionally allowed it will be struck down
Void for vagueness doctrine
the requirement that a law imposing a criminal penalty must be invalidated if it does not fairly inform a person of what is allowed or prohibited
Chilling effect doctrine
the requirement that courts invalidate laws that are written to self censorship because people cannot determine the legality of their actions before they undertake first amendment activities
Establishment of religion clause
recognize and support religious groups
Free exercise of religion clause
prohibits the government from interfering with people’s religious activities
Procedural due process
the requirement that governments follow certain procedures when seeking to deprive people of life, liberty, or property
Substantive due process
the requirement that governments not deprive anyone of life, liberty, or property where the law being violated is found to be arbitrary or unreasonable
Purpose of amendments
Limit power of the federal gov
Protect individual rights
