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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 |
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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 |
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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 |
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the provision of the 1st Amend. guaranteeing the free exercise of religion |
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clear and present danger test |
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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 |
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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" |
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restraining an action before the activity has actually occurred. It involves censorship, as opposed to subsequent punishment |
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nonverbal expression of beliefs, which is given substantial protection by the courts |
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advertising statements, which increasingly have been given 1st Amend. of protection |
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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 |
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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, persons other than the defamed party. |
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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 |
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Boisterous and generally disruptive behavior by listeners to public speakers that, in effect, vetoes the public speakers' right to speak |
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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 |
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public official, movie stare, and generally all persons who become known to the publid because of their positions or activites |
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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 |
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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 |
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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 |
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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 |
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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 |
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a policy forbidding the admission at trial of illegally seized evidence |
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