SCOTUS + Freedom of - Flashcards
(30 cards)
slander
spoken form of defamation
defamation
the ruining of someones reputation by spreading false info.
libel
written form of defamation
seditious speech
speech that advocates the overthrow of the U.S. government.
the establishment clause
a wall of separation between church and state.
Free exercise claus
no one can prevent anyone from following a religion.
secular
non religious
endorsement test
isthepurpose of the statue/ item of favor /endorse 1 religion.
due process
government actors must follow certain procedures before they may deprive a person of a protected life, liberty, or property interest.
exclusionary rule
prevents evidence collected or analyzed in violation of the defendant’s constitutional rights from being used in a court of law.
Judicial restraint
the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.
stare decisis
holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases.
exclusionary restraint
prevents the government from using most evidence gathered in violation of the United States Constitution. (like unreasonable searches and seizures).
sedition
conduct or speech inciting people to rebel against the authority of a state or monarch.
endorsment
to promote something
clear and present danger
the freedom of speech protected by the First Amendment does not allow a person to shout ‘Fire’ in a crowded theatre.
endorsement test
to determine whether the government impermissibly endorses or disapproves of religion in violation of the establishment clause of the First Amendment.
RAPPS
Religion, Assembly, Press, Petition, Speech
Religion related cases
Lemon vs Kurtzman (lemon test)
Lynch vs Donnelly (endorsement test)
Kennedy vs Bremerton (Free exercise clause vs Establishment clause.
Engel vs Vitale
lemon test
a three-part test for determining when a law violates the Establishment Clause.
prior restraint
government action that prohibits speech or other expression before the speech happens.
precident
an earlier occurrence of something similar (legal cases)
equal protection clause
a governmental body may not deny people equal protection of its governing laws
