Studied by 27 peoplered scare
the government suppression of American leftists after the 1917 Bolshevik Revolution in Russia
sedition act
a federalist bill of 1789 criminalizing criticism of government
smith act
a 1940 act criminalizing the advocacy of violent revolution
internal security act
a 1950 act requiring the registration of all communists
community control act
a 1954 act denying legal rights to the communist party
incorporation
term which describes the process whereby the supreme court applies provisions of the bill of rights to the states
“clear and present danger” test
a supreme court formula to legitimate the abridgement of the right of free speech
libel
harming another by publishing defamatory statements
public figures
category of individual who must show material is false and printed with actual malice to win a libel case
prior restraint
a government action to prevent rather than punish certain expressions
perferred position
the supposed superiority of rights of expression over other constitutional rights
least means
the use of minimal measure to restrict potentially dangerous expression
mapp v. ohio
case in which the supreme court decided to apply the exclusionary rule to state and local law enforcement officers
free exercise clause
the first amendment clause guaranteeing religious freedom
establishment clause
the first amendment clause prohibiting an official religion
Hugo Black
justice who argued the first amendment protects all publications, even wholly obscene ones
creationism
a teaching on the origin of the world found to be religiously inspired
FISA
a special court that approves electronic eavesdropping on foreign spies
released time
a period during the public school day when students get religious instruction
exclusionary rule
the prohibition against the use of illegally obtained evidence in court
search warrant
a written authorization of police officers to conduct a search
probable cause
the legal basis for the issuance of a search warrant
miranda
a supreme court case that led to rules that police officers must follow in warning arrested persons of their rights
thomas jefferson
individual who first penned the phrase “wall of separation” in a private letter
conscientios objector
one who refuses military service on religious or ethical grounds
giltow v. new york
case in which the supreme court first applied the first amendment to the states
freedom of expression
part of the first amendment protecting freedom of speech, press, assembly, and the right to petition the government
freedom of religion
part of the first amendment protecting the free exercise of religion and prohibiting an establishment of religion
good-faith exception
admission of illegally obtained evidence if illegality results from a technical or minor error
actual malice
legal term suggesting something was published with reckless disregard for the truth, or with the knowledge that it was false
symbolic speech
an act the conveys a political message such as burning a draft card to protest the draft
wall-of- separation principle
an interpretation of part of the first amendment that prevents government involvement with religion
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Flashcard