Ap Gov Vocab Chapter 4

free exercise clause

definition: A first amendment provision that prohibits the government from interfering with the practice of religion or prohibiting the free exercise of religion sentence: The free exercise clause basically says that Americans are free to hold any religious belief they choose.

clear-and-present-danger test

definition: A test devised by the supreme court in 1919 in order to define the limits of free speech in the context of national security. Sentence: According to this test, government cannot abridge political expression unless it presents a clear and present danger to the nation's security.

freedom of expression

definition: America's freedom to communicate their views. Sentence: Freedom of expression is the foundation of which is the first amendment rights of freedom of conscience, speech, press, assembly, and petition.

prior restraint

definition: Government prohibition of speech or publication before the fact. sentence: Prior restraint is presumed by the courts to be unconstitutional unless the justification for it is overwhelming.

imminent lawless action

definition: a legal test that says government cannot lawfully suppress advocacy that promotes lawless action. sentence: The imminent lawless action test is a strong limit on the government's power to restrict expression.

symbolic speech

definition: action for the purpose of expressing a political opinion sentence: An example of symbolic speech is waving or burning a flag.

libel

definition: publication of material that falsely damages a persons reputation. sentence: Libel is a compelling issue for the political process because if affects the news medias ability to criticize public officials

slander

definition: spoken words that falsely damage a persons rep. sentence: Individuals are less likely to express themselves openly if they stand a good chance of losing a slander case.

selective incorporation

definition: the absorption of certain provisions of the Bill of Rights into the fourteenth amendment so that these rights are protected from infringement by the states sentence: selective incorporation is necessary because the due process clause would be meaningless if states had the power to stop their residents from speaking openly.

due process clause (of the 14th amendment)

definition: the clause of the Constitution that has been used by the judiciary to apply the Bill of Rights to the actions of state governments. sentence: Not until the twentieth century did the Supremem Court begin to protect individual rights from infringement by state and local governments, and the vehicle for this was the due process clause.

procedural due process

definition: the constitutional requirement that government must follow proper legal procedures before a person can be legititmately punished for an alleged offense sentence: Procedural due process can be seen in the fourth, fifth, sixth, and eight amendments.

established clause

definition: the first amendment provision stating that government may not favor one religion over another or favor religion over no religion sentence: The establishment clause prohibits congress from passing laws respecting the establishment of religion.

Bill of Rights

definition: the first ten amendments to the Constitution. Sentence: The Bill of Rights set forth basic protections for individual rights to free expression, fair trial, and property.

civil liberties

definition: the fundamental individual rights of a free society protected by the Bill of Rights sentence: Some civil liberties include freedom of speech and the right to a jury trial.