gov chapter 5 vocab

red 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