AP gov CH 5

Free exercise clause

1st Amendment clause; Government cannot make a law prohibiting the free exercise of religion. Beliefs are 100% protected but religious practices are not exempt from neutral laws that affect everyone (ex., polygamy & illegal drugs)

Wall of separation

A Supreme Court interpretation of the establishment clause in the First Amendment that prevents government involvement with religion, even on a nonpreferential level.

Search warrant

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

Prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Libel

A written defamation of a person's character, reputation, business, or property rights.

Good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

Establishment clause

Clause in the First Amendment that says the government may not establish an official religion.

Civil liberties

Constitutional freedoms guaranteed to all citizens

Inevitable discovery

Exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means.

Clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

Equal protection of the laws

a standard of equal treatment that must be observed by the government

Symbolic speech

an act that conveys a political message

Freedom of religion

people shall be free to exercise their religion, and government may not establish a religion

Probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

freedom of expression

right of people to speak, publish, and assemble

Due process of the law

system which includes the right of all citizens accused of crimes to have a fair and public trial by jury

Public safety exception

the police can question an un-Mirandized suspect if there is an urgent concern for public safety