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Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth
Actual malice
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The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty
arraignment
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The test proposed by Justice Oliver Wndell Holmes for determining when government may restrict free speeh. Restrictions are permissivle only wehn speech presents a _____ to the public order
clear and present danger test
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Advertising statements, which increasingly have been given First Amendment protection
commercial speech
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Wrongfully hurting a person's good reputation
Defamation of Character
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The part of the First Amendment prohibiting the establishment of a church officially supported by the national government
Establishment clause
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A judicial policy prohibiting the admission at trail of illegally seized evidence.
Exclusionary Rule
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The provision of the First Amendment guaranteeing the free exercise of religion.
Free Exercise Clause
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An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial
Gag order
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The view that most of the protections of the Bill of Rights apply to state governments through the 14th Amendment's due process clause
Incorporation Theory
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A written defamation of a person's character, reputation, business or property rights. the defamation must be observed by a third party
Libel
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Sexually offensive material. it can be illegal if found to violate a 4 part test estavlished by the US Supreme Court
Obscenity
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Restraining an activity before it has actually occurred. when expression is involved, this means censorship.
Prior Restraint
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A public official, movie star, or other person known to the public because of his or her position or activities.
Public Figure
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The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, someone other than the defamed party.
slander
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Expression made through articles of clothing gestures, movements, and other forms of nonverbal communication.
Symbolic Speech
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An order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held. "you have the body".
writ of habeas corpus
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