Ch 4

Free-exercise clause

A First Amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion.

Imminent-lawless-action test

A legal test that says government cannot lawfully suppress advocacy that promotes lawless action unless such advocacy is aimed at producing, and is likely to produce, imminent lawless action

Clear-and-present-danger test

A test devised by the Supreme Court in 1919 to define the limits of free speech in the context of national security. According to the test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.

Symbolic speech

Action (for example: the waving or burning of a flag) for the purpose of expressing a political opinion

Freedom of expression

American's freedom to communicate their views, the foundation of which is the First Amendment rights of freedom of conscience, speech, press, assembly, and petition.

Establishment clause

The First Amendment provision that government may not favor one religion over another or favor religion over no religion, and that prohibits Congress from passing laws respecting the establishment of religion.

Prior restraint

Government prohibition of speech or publication before the fact, which is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.

Slander

Spoken words that falsely damage a person's reputation.

Selective incorporation

The absorption of certain provisions of the Bill of Rights (for example: freedom of speech) into the Fourteenth Amendment so that these rights are protected from infringement by the states.

Due process clause

The clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments

Procedural due process

The constitutional requirement that government follow proper legal procedures before a person can be legitimately punished for an alleged offense.

Bill of Rights

The first ten amendments to the Constitution. They include such rights as freedom of speech and trial by jury

Civil Liberties

The fundamental individual rights of a free society, such as freedom of speech and the right to a jury trial, which in the United States are protected by the Bill of Rights

Exclusionary rule

The legal principle that government is prohibited from using in trials evidence that was obtained by unconstitutional means

Libel

The publication of material that falsely damages a person's reputation