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Unit 3: Chapter 7

Civil Liberties Vocab

Civil Liberties Personal freedoms protected from arbitrary government interference
Clear and Present Danger Test Balancing act between competing demands of free expression and a government needing to protect a free society.
Compelling governmental interest A purpose important enough to justify the infringement of personal liberties.
Establishment clause Federal government constitutionally are prevented from establishing a national religion.
Fifth Amendment "Due process" means that nobody shall be deprived of life, liberty, or property without just compensation
Fourteenth Amendment This amendment strengthened due process clause, as it made all laws equally applied.
Free Exercise Clause Prevents the government from stopping religious practices.
Libel False statements in print that defame someone, hurting their reputation.
Obscene Speech Some language and images are so offensive to the average citizen that governments ban them.
Prior Restraint The right to stop spoken or printed expression in advance.
Public Interest The welfare or well-being of the general public
Selective Incorporation Supreme Court has ruled in landmark cases that state laws must also adhere to selective Bill of Rights provisions through the 14th amendment's due process clause
Symbolic Speech Symbolic speech consists of nonverbal, non-written forms of communication, such as flag burning, wearing arm bands, and burning of draft cards.
Wall of Separation Division between the church and state.
Engel v. Vitale Prayer in schools does violate the establishment clause of the 1st amendment
Lemon v. Kurtzman Public funding of non-nonreligious subjects in private school was a violation of the establishment clause in the 1st amendment.
McDonald v. Chicago The 2nd amendment applies to states through the commerce clause and selective incorporation
Miller v. California Obscene material is not constitutionally protected.
New York Times v. United States To win a libel suit, the suing party must prove that the offending writer either knowingly lied or presented info with a reckless disregard for the truth, that the writer did so with malicious intent to defame and that actual damages were sustained.
Schenck v. United States Established limits on free speech during wartime.
Tinker v. Des Moines Independent Schools Banning the wearing of armbands is a a violation of 1st amendments rights, as it is a form of symbolic speech.
Wisconsin v. Yoder Requiring Amish children to attend high school violated the basic tenets of the Amish faith because it forced children into unwanted environments.
Created by: jbushon1



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