By The People, Chapter 5

double jeoprady

A legal effort to stop speech before it occurs—in effect, censorship—is called

prior restraint

A legal effort to stop speech before it occurs—in effect, censorship—is called

children without parents

According to the text, the biggest concern with 2.3 million Americans behind bars is

democracy requires a vigorous debate

According to the textbook, the Supreme Court gives the First Amendment (freedom of speech, religion, press, and assembly, and the right to petition government) a "preferred position" among all the amendments to the Constitution because

trampling on the constitition

Critics of the Patriot Act charge, most importantly, that the United States is now so focused on fighting terrorists that it is

selective incorporation

Extending protections from the Bill of Rights to the state governments, one right at a time is called...

hate speech

Hostile statements based on someone's innate characteristics such as race, ethnicity, or sexual orientation are called

Roe v Wade

In 1973 the right to privacy led to one of the most controversial Court decisions ever, in the case of

establishment clause

In a blockbuster case, Engel v. Vitale (1962), the Court ruled that New York's practice of starting the school day with a prayer violated the

establishment clause

In the First Amendment, the principle that government may not establish an official religion is the

USA Patriot Act

Legislation passed in the aftermath of the September 11, 2001, attacks that sought to enhance national security is called

free exercise of religion

Sherbert or balancing test &

freedom of speech

The "clear and present danger" test falls under

tv cop show ends with miranda warnings

The Miranda warnings have become "part of national culture" because every

states and national government

The Supreme Court ruled that the Second Amendment individual right to bear arms applies to

first amendment

The free practice clause falls under the

strict separation

The principles articulated in the Lemon test for judging whether a law establishes a religion are called

originalism

The school of thought that limits judges to what is explicitly stated in the Constitution's text is called

pragmatism

The school of thought that the Constitution grows and changes and must be read in the context of the times is

Jim Crow segregation

The system of racial segregation in the South that lasted from 1890 to 1965 is known as

incorporation

Using the Fourteenth Amendment to extend protections from the Bill of Rights to the state governments is called...

judicial standards

What is the name for guiding principles that help governments make judgment calls?

symbolic expression

When Clarence Brandenberg burned his cross, he engaged in a form of speech known as

freedom of assembly

When some Americans protested against building a mosque near Ground Zero in New York City, they were infringing on Muslim Americans'

the principle of prior restraint

When the Nixon administration went to court to block the New York Times from publishing the Pentagon Papers, it was abusing

obscenity

________ is subjected to the Miller test

civil liberties

limits placed on government so that people can freely exercise their rights

14th amendment

slowly incorporated the Bill of Rights and applied it to the states