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Gov. Chapter 4
Civil Liberties
21
Political Studies
12th Grade
04/30/2010

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Term
Civil liberties
Definition
those personal freedoms that are protected for all individuals and that generally deal with individual freedom. Civil liberties typically involve restraining the government's actions against individuals
Term
incorporation theory
Definition
The view that most of the protections of the Bill of Righst are applied against state governments through the 14th Amendment's due process clause
Term
establishment clause
Definition
The part of the 1st Amend. prohibiting the establishment of a church officially supported by the national government. It is applied to quetions of state and local government aid to religious organizations and schools, questions of the legality of allowing or requiring school prayers, and questions of the teaching of evolution versus fundamentalist theories of creation
Term
free exercise clause
Definition
the provision of the 1st Amend. guaranteeing the free exercise of religion
Term
clear and present danger test
Definition
The test proposed by Justice HOlmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech presents a "clear and present danger" to the public order
Term
bad-tendency rule
Definition
a rule stating that speech or other 1st Amend. freedoms may be curtailed if there is a possibility that such expression might lead to some "evil"
Term
prior restraint
Definition
restraining an action before the activity has actually occurred. It involves censorship, as opposed to subsequent punishment
Term
symbolic speech
Definition
nonverbal expression of beliefs, which is given substantial protection by the courts
Term
commercial speech
Definition
advertising statements, which increasingly have been given 1st Amend. of protection
Term
defamation of character
Definition
wrongfully hurting a person's good reputatio. The law has imposed a general duty on all persons to refrain from making false, defamatory statements about others
Term
slander
Definition
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.
Term
fighting words
Definition
words that, when uttered by a public speaker, are so inflammatory that they could provoke the average listener to violence; the words are usually of a racial, religious, or ethnic type
Term
heckler's veto
Definition
Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoes the public speakers' right to speak
Term
libel
Definition
a written defamation of a person's character, reputation, business, or property rights. To a limited degree, the 1st Amend. protects the press from libel actions
Term
public figures
Definition
public official, movie stare, and generally all persons who become known to the publid because of their positions or activites
Term
actual malice
Definition
In libel cases, this generally consists of intentionally publishing any written or printed statement that is injurious to the character of another with either knowledge of the statement's falsity or a reckless disregard for the truth
Term
gag order
Definition
an order issued by a judge restricting the publication of news about a trial in progress or a pretrial hearing in order to protect the accuse'd right to a fair trial
Term
equal time rule
Definition
a Federal Communications Commission regulation that requires broadcasting stations that give or sell air time to political candidates to make equal amounts of time available to all competing candidate
Term
personal attack rule
Definition
A Federal Communications Commission regulation that requires broadcasting stations, if the stations are used to attack the honesty or integrity of person, to allow the persons attacked the fullest opportunity to respond
Term
Writ of Habeas Corpus
Definition
literally means "you have the body." This is an order that requires jailers to bring a person before a court or judge and explain why ther person is being held in prison
Term
exclusionary rule
Definition
a policy forbidding the admission at trial of illegally seized evidence
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