Chapter 18 Terms | Definitions |
McCarthyism | Charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially political opponents. Refers to the numerous unsubtantiated accusations of communism made against public and private indiv. |
Freedom of expression | The constitutional rights of Americans to "freedom of Speech or of the press, or the right of people to peaceable assemble, and to petition the government for redress of grievances" as outlined in the First Amendment to the Constitution. |
Freedom of Religion | The religious rights of Americans outlined in the 1st Amendment to the Constitution. The amendment states that "congress shall make no law respecting an establishment of religion; or abridging the free exercise clause" |
Prior Restraint | The traditional view of the press's free speech rights as expressed by William Blackstone, the great English jurist. According to this view, the press is guaranteed freedom from censorship. After publication they can be punished for obscene or libelous. |
Clear and present danger test | A legal interpretation that reconciled two views of the 1st Amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech. |
Due-process clause | Protection against arbitrary depravation of life, liberty, or property as guaranteed in the 5th and 14th amendments. |
Libel | A written statement that falsely injures the reputation of another person. |
Symbolic Speech | An act that conveys a political message, such as burning a draft card to protest the draft. |
Free-Exercise Clause | A clause in the 1st Amendment to the Constitution stating that Congress shall make no law prohibiting the "free-exercise" of religion. |
Wall-of-Separation Principle | A Supreme Court interpretation of the establishment clause in the 1st amendment that prevents government involvement with religion, even on a non-preferential basis. |
Exclusionary Rule | A rule that holds that evidence gathered in violation of the Constitution cannot be used in a trial. The rule has been used to implement two provisions of the Bill of Rights, Search and Siezure and self incrimination. |
Search warrant | An order from a judge authorizing the search of a place; the order must describe what is to be searched and seized, and one can only be issued with probable cause. |
Probably Cause | Reasonable grounds for belief that an accused person may be subject to arrest or the issuance of a warrant. |
Good-faith exception | Admission at a trial of evidence that is gathered in violation of the Constitution if the violation results from a technical or minor error. |