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the personal freedoms of individuals that are protected from gov't intrusion |
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the freedoms listed in the first 10 amendments to the Constitution |
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creates criminal law and applies retroactively |
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legislative pronouncements of guilt that should be left for a court to decide |
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process of applying some of the rights in the BoR to the states through the due process clause |
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Court case: ruled that Nat'l gov't follows BoR, only 3&7 apply to states |
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1st AM provision intended to protect the practice of ones religion free from gov't intrusion |
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1st AM prohibition against the gov't EST of religion |
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the 3-part test for establishment clause cases: 1) it must have a secular purpose 2) must neither advance nor inhibit religion 3) musn't create excessive gov't entanglement with religion |
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Court case that ruled that: there shall be no discrimination against college religious groups |
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clear and present danger test |
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free speech test that only prohibits speech that produces a clear and present danger |
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free speech test that prohibits speech that could produce a bad outcome, such as violence, no matter how unilkely the possibility the speech could be the cause of such an outcome |
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Court case that upheld Bipartisan Campaign Reform Act of 2002- with the exception of some rules |
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actions meant to convey a political message |
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The current jusicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material as a whole lacks serious literary, artistic, political, or scientific value. |
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oral statements that are false and injure another's reputation |
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written statements that are false and injure another's reputation |
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standard requiring public officials and figures in defamation suits to prove that allegedly libelous/slanderous statements are both false and made with malice. |
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prejudicial/hostile statements toward another person's innate characteristics, such as race and ethnicity |
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practice that would allow gov't to censor a publication before anyone could read it |
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A practical and nontechnical calculation of probabilities that is the basis for securing search warrants |
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the judicial barring of illegally seized evidence from a trial. the evidence isn't barred if the police were acting on 'good faith' |
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the warning police must administer to suspects so that the latter will be aware of the right to avoid self-incrimination. The rights include: 1) the right to remain silent 2) the right to know any statements will be used against them 3) the right to have an attorney for the investigation |
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Supreme Court decision that upheld the Death Penalty in the US |
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Supreme Court case that legalized abortion during 1st two trimesters of a pregnancy. Only allowed during 2nd trimester if it depends on the health of the mother |
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practice by which a group brings a case to court in order to secure a judicial ruling on a constitutional issue |
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legal briefs filed by organized roups to influence decision in a SC case |
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