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Writ of habeas corpus
Court order requiring explanation to a judge why a prisoner is being held in custody
ex post factor law
retroactive criminal that works to the disadvantage of an individual; forbidden in the constitution
Bill of attainder
Legislative act inflicting punishment, deprivation of property, without a trial, on named individuals or members of a specific group
Due process clause
Prohibits state governments from depriving any person of life, liberty, or property without due process of law
Selective incorporation
The process of which provisions of the Bill of Rights are brought within the scope of the 14th admendment and so applied to state and local governments
Establishment clause
Government cannot establish an official religion. Seperation of church and state
Vouchers
Money provided by the government to parents for payments of their children’s tuition in a public or private school
Free exercise clause
Free exercise of religion
Bad tendency test
Permits legislatures to forbid speech encouraging people to engage in illegal action
Clear and present danger test
Government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts
Prefered petition doctrine
Freedom of expression is essential to democracy that governments should not punish persons for what they say, only what they do
Non protected speech
Libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances
Libel
Written defamation of another person
Sedition
Attempting to overthrow the government by force or to interrupt its activities by violence
Obscenity
Quality or a state of work that is taken as a whole appeals to a prurient interest in sex by depicting sexual content in a patently offensive way and that lacks serious, literary, artistic, political or scientific value
Fighting words
Words that by their very nature inflict injury on those whom they are addressed or incite them to acts of violence
Prior restrsaint
Censorship imposed before a speech is made or a newspaper published; usually pressumed to be unconstitutional
Civil disobedience
Delibberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition
Commercial speech
Advertisements and commercials for products and services: receive less rights to discourage false advertising and misleading ads