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| Charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially of political opponents. Refers to the accusations of communism made by Senator McCarthy in the 1950s |
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| The constitutional rights of Americans to "freedom of speech, or of the press, or the right of people peaceably to assemble, and to petition the government for a redress of greivances" (1st amendment) |
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| The religious rights of Americans outlined in the First Amendment to the Constitution. |
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| The traditional view of the press's free speech rights as expressed by William Blackstone, the first great English jurist. Says the press is guaranteed freedom from censorship, but can be punished post-press for libel, etc. |
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| Clear-and-present-danger Test |
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| A legal interpretation that reconciled two views of the first amendment of free speech. Says that Congress can only punish harms caused by speech that created a clear and present danger of harm. |
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| Protection against arbitrary deprivation of life, liberty, or property as guaranteed in the fifth and 14th amendments. |
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| A written statement that falsely injures the reputation of another person. |
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| An act that conveys a political message, such as burning a draft card to protest the draft. |
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| A clause in the first amendment to the constitution stating that Congress shall make no law prohibiting the free exercise of religion. |
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| A clause in the first amendment to the constitution stating that Congress shall make no law respecting and establishment of religion. |
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| Wall-of-Separation Principle |
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| A supreme court interpretation of the establishment clause that prevents government intervention with religion, even on a nonpreferential basis. |
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| Says that evidence gathered in violation to the constitution cannot be used in a trial. |
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| An order from a judge mandating the search of a place. Must describe what is to be searched and seized, and can only be issued if the police persuade the judge that there is probable cause. |
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| Good reason that a crime has been committed. |
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| Admission of evidence in a trial if it was gathered in violation to the constitution but the violation is tiny. |
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