AP government 1st amendment terms

First amendment (IT)

"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of"

Lemon test (IT)

(1) had a legitimate secular purpose (2) neither advanced not inhibited religion (3) did not foster an excessive government entanglement with religion

Hate speech

Any communication that belittles a person or group on the basis of characteristics.

New York Times co v. Sullivan (1964) (IT)

Case against Alabama official who were said to be a using black protesters at civil rights protests. The court said that they can only be proved guilty if they can prove their was malice behind it.

New York Times Co. V. Sullivan (1964)

Case in which the Supreme Court concluded that the "actual malice" must be proven to support a finding of libel against a public figure.

Prior restraint

Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the first amendment.

Libel

False written statements that defames a persons character.

Symbolic speech (IT)

Justice John Marshall Harlan said these are parts of the "free trade in ideas speech" this protects an individual when and if they wanted to burn the American Flag.

First Amendment

Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties invluding freedom of religion, speech, press, assembly, and petitition.

Symbolic speech

Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment.

Direct incitement test

Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the first amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur. Resulted of the questions about what was dangerous after the clear and present danger test.

Clear and present danger test

Test articulated by the Supreme Court in Schenck v. U.S (1919) to draw the lines between protected and unprotected speech the court looks to see "whether the words used" could "create a clear and present danger that will bring about substantive evils" that congress seeks "to prevent"

Establishment Clause

The first clause of the First Amendment it directs the national government not to sanction an official religion.

Civil right

The government protected rights of individuals arbitrary or discriminatory treatment by government or individuals.

Civil liberties

The personal guaranteed mms and freedoms that the government cannot abridge the by law, constitution, or judicial interpretation.

Free exercise clause

The second clause of the first amendment; it prohibits the U.S government from interfering with a citizens right to practice his or her religion.

Lemon test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues.

Clear and present danger test (IT)

Under the clear and present danger test the circumstances surrounding an incident are important.

Slander

Untrue spoken statement that defame the character of a person.

Prior restraint (IT)

When the states ratified the First Amendment in 1791, it was considered to protect against prior restraint of speech or expression or guard against the prohibition of speech or publication before the fact.

Fighting words

Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace. " Fighting words are not subject to restrictions of the First Amendment."