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Court order requiring explanation to a judge y a prisioner is being held in custidy. |
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Retroactive criminal law that works to the disadvantage of an individual; forbiden in the constitution. |
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legislative act inflicting punishment, including deprevation of property,without trial, unnamed individual or members of a specific group. |
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clause in the fifth amendment limiting the power of the national government; similar clause in the 14th amendment prohibiting state government from depiving any person of life, liberty, or property without due process of law. |
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The process by which provisions of the bill of rights are brought within the scope of the fourteenth amendment and so applied to state and local governments. |
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Clause in the first ammendment that states that congress shall make no law respecting an establishment of religion.It has been interpreted by the supreme court as forbidding governmental support to any or all religions. |
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money provided by the government to the parents for payment of their children tuition in a public or pirivate school of their choice. |
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clause in the first amendment that states that congress shall make no law prohibiting the free exercise of religion. |
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interpretation of the first amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action. |
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clear and present danger test |
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interpretatino of the first amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will elad to evil or illeagal acts. to shout "fire" falsely in a crowded theater is justice oliver wendell holmes famous example. |
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preferred position doctrine |
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interpretations of the first amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do. |
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libel, obscenity, fighting words, and commercial speech, wich are not entitled to constitutional protection in all circumstances. |
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written defamation of another person. Especially iin the case of public officials and public figures, the constituional test designed to restict libel actions are very rigid. |
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attempting to overthrow the government by force or to interrupt its activities by violence. |
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quality or state of a work that taken as a whole appeals to a prurient interest in sex by dipicting sexual conduct in a patently offensive way and that lacks serious literaty, artistic, political or scientific value. |
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words that by their very nature inflict injury on those to whom they are addressed or incite then to acts of violence |
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advertisments and commercials for products and services they receive less first amendment protection primarily to discourage false and misleading ads |
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