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due process of law
denies the govt the right, without due process, to deprive anyone life, liberty or property
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equal protection of the law
standards of equal treatment must be observed by gov (14th amendment)
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selective incorporation
court cases that apply the BILL OF RIGHTS to the states, made possible by 14th amend
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freedom of expression
right of people to speak, publish, and assemble
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freedom of religion
people shall be free to exersieve their relition and govt may not establish a religion
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prior restraint
censorship of a publication; hampering the publication of something
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clear-and-present-danger test
law should not limit speech unless there is a clear and present danger of producing harmful actions
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libel
writing that falsely injures another person
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obscenity
materials calculated to appeal mainly to ones sexual interests, rather than political, literary, or artistic
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imminent danger
inflammatory sentiments are limited if they create an imminent daner
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symbolic speach
an act that conveys a political message
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free-excercise clause
first amendment requires that a law cannot prevent free exercise of religion
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establishment clause
the first ammendment ban on laws 'respecting an establishment of religion'
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wall of separation
the court ruling that there can be no governmental involvment in religion
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lemon test
- 1. must have secular purpose, not religious
- 2. its primary affect niether advances or inhibits religion
- 3. it does not create an excessive government entanglement
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exclusionary rule
evidence collected illegally cannot be used in a criminal trial
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search warrant
a judges order authorizing a speach
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probable cause
reasonable cause for issuing a search warrent or making an arrest, must be more than mear suspicion
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good-faith exeption
an error in gathering evidence sufficiently minor that it may be used in a trial
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civil rights
the right to be treated without unreasonable or unconstituional differences; rights protecting certain groups
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civil liberties
protections the constitution provides agains the abuse of government power; the rights given in the bill of rights
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suspect classification
classifications of people on the basis of their race or ethnicity
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strict scrutiny
a supreme court test to se if a law denies equal protection; must have a COMPELLING state interest to restrict rights
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separate-but-equal doctrin
the doctrine established by plessy v furgusuon that afracan americans could constitutionally be kept in separate but equal facilities
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de jure segregation
racial segregation of the law; seperate but equal doctrine; jim crow laws
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de facto segregation
racial segregation that is cultural or social
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civil disobedience
opposing a law one considers unjust by peacefully disobeying it and accepting the punishment
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police powers
state power to effect laws promoting health, safety and morals
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quality of result
making certain that people achiev the same result
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affirmative action
programs designed to increase minority participation in some institutions by taking positive steps to appoint more minority group leaders
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reverse discrimination
using race or sex to give prefered treatement to people (chosing a minorty to seem more diverse)
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equality of opportunity
giving people equal chance to succeed
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interest group politics
rights that are conflicting
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entrepreneurial politics
interests driven by skilled policy entrepreneurs
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sedition act of 1798
- made it illegal to write, speak, or publish and 'false scandalous and malicious writing'
- applied no prior restraint, but made people liable after
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smith act of 1940,
internal security act of 1950
communist control act of 1954
banned the advocating of violent overthrow of the u.s. government
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