American Government - Chapter 4 Key Terms

Civil Liberties

Basic political freedoms that protect citizens from governmental abuses of power

• those liberties government cannot restrict either by law or by judicial interpretation without a compelling reason

Prior Restraint

A limit on of the press that allows the government to prohibit the media from publishing certain materials

• happens before the fact

• aka censorship

Selective incorporation

The process through which some of the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th amendments due process clause

• means that the bill of rights now limit the actions of the states as well as the federal government

Clear and Present Danger Test

standard permits government restrictions on speech if public officials believe that allowing the speech creates a risk

• Speech may be restricted if such speech presents a danger to the public order

• established in Schenk v. United States

Sedition

Speech that criticizes the government to promote rebellion

Establishment Clause

Part of the First Amendment that states “Congress shall make no law respecting the establishment of a religion”

• interpreted to mean that Congress cannot sponsor or favor any religion

Free Exercise Clause

Part of the First Amendment states that Congress cannot prohibit or interfere with the practice of religion

Libel

Publication of material that falsely damages a person’s reputation

Slander

Spoken words that falsely damage a persons reputation

Direct Incitement Test

Protects speech unless that speech aims to and is likely to cause ‘imminent lawless action’

• Before the government can lawfully prevent a speech or rally, it must demonstrate that the event will cause harm and demonstrate a lack of alternative ways to prevent that harm

• also called the imminent lawless action test

Obscenity Definition

• most states make it a crime to participate in the trade of obscene materials

• if the average person finds that it violates contemporary community standards

• the work taken as a whole appeals to a prurient interest in sex

• the work shows patently offensive sexual conduct

• the work lacks serious redeeming literary, artistic, political or scientific merit

Compelling State Interest

A fundamental state purpose which must be shown before the law can limit some freedoms or treat some groups of people differently

The Right to Privacy

There is no explicit constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court (from the First, Third, Fourth, fifth, and Ninth amendments)

• right implied by the freedoms in the Bill of Rights that grants individuals a degree of personal privacy upon which government cannot lawfully intrude -

• the right gives individuals a level of free choice in areas such as reproduction and intimate relations