AP GOV CH 4

Libel

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

Free Exercise Clause

First Amendment clause prohibiting the government from enacting laws prohibiting an individual's practice of his or her religion; often in contention with the establishment clause

Establishment Clause

First Amendment clause that bats the government from passing any law "respecting an establishment of religion", often interpreted as a separation of church and state but increasingly questioned

Prior Restraint

Restraining an action before the activity has actually occurred. When expression is involved, this means censorship.

Slander

The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.

Marketplace of Ideas

a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas

Clear and Present Danger Test

a standard established in the 1919 Supreme Court case Schenck vs. U.S. whereby the government may silence speech or expression when there is a current and specific danger that such speech will bring about some harm that the government has the power to prevent

Clear and Probable Danger Test

a standard established in the 1951 case Dennis vs. U.S., whereby the government could suppress speech to avoid grave danger, even if the dangerous result was relatively remote; replaced by the imminent lawless action (incitement) test in 1969

Imminent Lawless Action Test (Incitement Test)

a standard established in the 1969 Brandenburg vs. Ohio case, whereby speech is restricted only if it goes beyond mere advocacy, or words, to create a high likelihood of imminent disorder or lawlessness

Bad Tendency Test

a standard extended in the 1925 case Gitlow v. New York whereby any speech that has the tendency to incite crime or disturb the public peace can be silenced

Lemon Test

a three-part test established by the Supreme Court in the 1971 case Lemon vs. Kurtzman to determine whether government aid to parochial schools is constitutional; the test is also applied to other cases involving the establishment clause

Commercial Speech

advertising statements that describe products

Habeus Corpus

an ancient right that protects an individual in custody from being held without the right to be heard in a court of law

Civil Liberties

constitutionally established guarantees that protect citizens, opinions, and property against arbitrary government interference

Exclusionary Rule

criminal procedural rule stating that evidence obtained illegally cannot be used in a trial

Miranda Rights

criminal procedural rule, established in the 1966 case Miranda vs. Arizona, requiring police to inform criminal suspects, on their arrest, of their legal rights, such as the right to remain silent and the right to counsel; these warnings must be read to suspects before interrogation

Obscenity

indecent or offensive speech or expression

Due Process

legal safeguards that prevent the government from arbitrarily depriving citizens of life, liberty, or property; guaranteed by the Fifth and Fourteenth Amendments

Symbolic Speech

nonverbal "speech" in the form of an action such as picketing, flag burning, or wearing an armband to signify a protest

Time, Place, and Manner Restrictions

regulations regarding when, where or how expression may occur; must be content neutral

Criminal Due Process Rights

safeguards for those accused of crime, these rights constrain government conduct in investigating crimes, trying cases, and punishing offenders

Fighting Words

speech that is likely to bring about public disorder or chaos; the Supreme Court has held that such speech may be banned in public places to ensure the preservation of public order

Selective Incorporation

the process by which, over time, the Supreme Court applied those freedoms that served some fundamental principle of liberty or justice to the states, thus rejecting total incorporation

Right to Privacy

the right of an individual to be left alone and to make decisions freely, without the interference of others

Total Incorporation

the theory that the Fourteenth Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation

Double Jeopardy

the trying of a person again for the same crime that he or she has been cleared of in court; barred by the Fifth Amendment

Intelligent Design

theory that the apparent design in the universe and in living things is the product of an intelligent cause rather than of an undirected process such as natural selection; its primary proponents believe that the designer is God and seek to redefine science to accept supernatural explanations

Rendition

transfer of suspected terrorists to other nations for imprisonment and interrogation; this practice circumvents U.S. law, which requires due process and prohibits torture