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The view that most of the protections of the Bill of Rights apply to state government through the Fourteenth Amendment's due process clause. |
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The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. |
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The provision of the First Amendment guaranteeing the free exercise of religion. |
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Restraining an activity before it has actually occurred. When expression is involved, this means censorship. |
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Expression made through articles of clothing, gestures, movements, and other forms of nonverbal communication. |
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Advertising statements, which increasingly have been given First Amendment protection. |
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Imminent Lawless Action Test |
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The current standard established by the Supreme Court for evaluating the legality of advocacy speech . Such speech can be forbidden only when it is "directed to inciting... imminent lawless action." |
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Sexually offensive material. Obscenity can be illegal if it is found to violate a four-part test established by the United States Supreme Court. |
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Wrongfully hurting a person's good reputation. |
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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, someone other than the defamed party. |
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A written defamation of a person's character, reputation, business, or property rights. the defamatory statement must be observed by a third party. |
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Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth. |
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A public official, movie star, or other person known to the public because of his or her position or activities. |
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An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial. |
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"you have the body"
An order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held. |
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The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty. |
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A judicial policy prohibiting the admission at trial of illegally seized evidence. |
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