ch.13 & part of ch.14 REVIEW

defamatory speech

false speech that damages a person's reputation, character, or good name

slander

defamatory speech that is spoken

libel

defamatory speech that is written

¨fighting words¨

These are words spoken face-to-face that are likely to cause immediate violence & thus not protected by free speech

seditious speech

any speech urging the resistance to lawful authority or advocating the overthrow of the government (revolution)

censorship

the act of governments prohibiting the use of publications or productions they find offensive or contrary to their own interests

prior restraint

censorship of information before it is published; permissible only in cases of national security

establishment clause

first clause of amendment 1 stating that "Congress shall make no law respecting an establishment of religion."

free exercise clause

the First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religion

Equal Access Act

allows public high schools receiving federal funds to permit student religious groups to hold meetings in school

incorporation

extended Bill of Rights to all levels of government

Fourteenth Amendment

not only defined citizenship, but also laid groundwork for making individual rights national or expanding them; due process clause applies guarantees of Bill of Rights to state & local governments

nationalization

citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court

Minersville School District v. Gobitis (1940)

upheld school regulation that students had to salute the flag, a patriotic symbol; flag-salute case

West Virginia State Board of Education v. Barnette (1943)

overruled Gobitis case and said patriotism could be achieved without forcing people to violate their religious beliefs; flag-salute case; showed SCOTUS can change its interpretation of the Constitution

shield laws

Laws that give reporters some protection against having to reveal their sources in state courts

advertising

Considered to be commercial speech & therefore receives less protection under the First Amendment

assembly

protected under First Amendment; right to make views known by petition, letters, lobbying, picketing, or marching

Congress

has power to control immigration from Constitution

expatriate

someone who chooses to live outside of, or give up citizenship to his or her native country

jus soli

the law of soil, which determines citizenship based on where a person is born

jus sanguinis

The law of blood, which determines citizenship based on one's parents' citizenship.

double jeopardy

a person cannot be tried twice for the same crime

naturalization

A legal process to obtain citizenship

felony

major crime

1st Amendment

Protects freedom of religion, speech, press, assembly, and petition

4th Amendment

Protects from unreasonable searches and seizures

5th Amendment

protects against self incrimination & double jeopardy

6th Amendment

guarantees right to a lawyer & public, speedy trial

7th Amendment

Right to jury in civil trials.

8th Amendment

No cruel or unusual punishment