Chap 5

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1
Red Scare
The government suppression of American leftists after the 1917 Bolshevik Revolution in Russia.
2
Sedition Act
A Federalist bill of 1789 criminalizing criticism of government.
3
Smith Act
A 1940 act criminalizing the advocacy of violent revolution.
4
Internal Security Act
A 1950 act requiring the registration of all communists.
5
Communist Control Act
A 1954 act denying legal rights to the Communist party.
6
Incorporation
Term which describes the process whereby the Supreme Court applies provisions of the Bill of Rights to the states.
7
"Clear and Present Danger" Test
A Supreme Court formula to legitimate the abridgement of the right of free speech.
8
Libel
Harming another by publishing defamatory statements.
9
Public Figures
Category of individuals who must show material is false and printed with actual malice to win a libel case.
10
Prior Restraint
A government action to prevent rather than punish certain expressions.
11
Preferred Position
The supposed superiority of rights of expression over other constitutional rights.
12
Least Means
The use of only minimal measures to restrict potentially dangerous expression.
13
Mapp v. Ohio
Case in which the Supreme Court decided to apply the exclusionary rule to state and local law enforcement officers.
14
Free Exercise Clause
The First Amendment clause guaranteeing religious freedom.
15
Establishment Clause
The First Amendment clause prohibiting an official religion.
16
Hugo Black
Justice who argued the First Amendment protects all publications, even wholly obscene ones.
17
Creationism
A teaching on the origin of the world found to be religiously inspired.
18
Released Time
A period during the public school day when students get religious instruction.
19
Exclusionary Clause
The prohibition against the use of illegally obtained evidence in court.
20
Search Warrant
A written authorization to police officers to conduct a search.
21
Probable Clause
The legal basis for the issuance of a search warrant.
22
Miranda
A Supreme Court case that led to rules that police officers must follow in warning arrested persons of their rights.
23
Thomas Jefferson
Individual who first penned the phrase "wall of separation" in a private letter.
24
Conscientious Objector
One who refuses military service on religious or ethical grounds.
25
Gitlow v. New York
Case in which the Supreme Court first applied the First Amendment to the states.
26
Freedom of Expression
Part of the First Amendment protecting freedom of speech, press, assembly, and the right to petition the government.
27
Freedom of Religion
Part of the First Amendment protecting the free exercise of religion and prohibiting an establishment of religion.
28
Good-Faith exception
Admission of illegally obtained evidence if illegality results from a technical or minor error.
29
Actual Malice
Legal term suggesting something was published with reckless disregard for the truth, or with the knowledge that it was false.
30
Symbolic Speech
An act that conveys a political essage, such as burning a draft card to protest the draft.
31
Wall-of-Separation Principle
An interpretation of part of the First Amendment that prevents government involvement with religion.
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