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___ individual rights (freedoms) protected by the Constitution against the powers of the government.
Civil Liberties
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Writ of ___ is an order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in prison.
Writ of habeas corpus
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___ is a legislative act that punishes a person or group without letting them have a trial to determine guilt or innocence.
bill of attainder
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___ law punishes individuals for committing an act that was legal when the act was committed but has since become a crime.
ex post facto
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___ is the requirement that the government use far, reasonable, and standard procedures whenever it takes any legal action against an individual, that government will not deprive a person of life, liberty or property illegally or arbitrarily.
due process clause
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Congress is prohibited from passing laws ___, through prayer in public schools, teaching creation and aiding parochial schools.
establishment of religion
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Congress is prohibited from passing laws prohibiting the ___ of religion, often involving religious practices that conflict with laws.
free exercise of religion
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___ is an educational certificate from the government to a student to use public funds to pay for private or public school chosen by the student or his/her parents. Channels the funds through the student, not directly from government to the private (religious) school to avoid establishing a religious school.
school voucher
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___ is the expression of beliefs, opinions or ideas through forms other than speech or print. It involves nonverbal actions or expressions.
Symbolic speech
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___ urges resistance to the lawful authority or that advocates the overthrowing of a government.
seditious speech
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Restrictions on ___ advertising products are valid if they seek to implement a substantial government interest, directly advance that interest and go no farther. Example: Liquor advertising.
commercial speech
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___is a published falsehood that injures a person's reputation or character.
libel
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___ is a spoken statement that holds a person up to a third person for contempt, ridicule or hatred. Statements must be untrue, intended to harm and do harm. Public figures are less protected from libel and slander.
Slander
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___ is a form of unprotected speech.
- obscenity: the courts have ruled obscene material thatÂ
- 1. the average person finds violates contemporary community standards
- 2. the work taken as a whole appeals to prurient interest in sex
- 3. work shows patently offensive sexual conduct
- 4. the work lacks serious literary, artistic, political or scientific merit.
- 5. material that sexually exploits children is obscene.
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___ 1973 the Supreme Court legalized abortion under the right to privacy in the constitution.
- Roe v. Wade
- The Abortion Controversy
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The Supreme Court upheld the states' rights to ban ___ but also did not hold that state laws permitting assisted suicide were unconstitutional.
Physician-assisted suicide: Oregon "Right to die"
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___ is cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime.
probable cause
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___ to prosecute a person twice for the same criminal offense.
double jeopardy
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___ with respect to freedom of the press involves censorship. The governments preferred position is to rarely limit spoken or printed words because they are important to democracy.
prior restraint
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___ can be limited in time, place and manner. Time middle of the night can blast music, can march down the middle of I-35, or burn crosses in East Austin to frighten people.
Freedom of Assembly
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No person is required to witness against (incriminate) him/herself is called protection against ___
self-incrimination
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___ rule requires that illegally obtained evidence not be admitted in court.
exclusionary
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___ inform suspects of their right to remain silent, to have counsel, and that anything said can and will be held against them.
Miranda Warnings
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