Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
Incorporation Theory
The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.
Establishment Clause
The part of the First amendment prohibiting the establishment of a church officially supported by the national government.
school vouchers
movement dating to the 1950s to allow taxpayer dollars to be given to families to use at whatever public, private, or parochial schools they choose.
Free Exercise Clause
The provision of the First Amendment guaranteeing the free exercise of religion.
Prior Restraint
Restraining an activity before it has actually occurred. When expression is involved, this means censorship. (wartime, preventing important information from being published)
Symbolic Speech
Expression made through articles of clothing, gestures, movements, and other forms of nonverbal communication.
Commercial Speech
Advertising statements, which increasingly have been given First Amendment protection.
Clear and Present Danger Test
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible only when speech presents a "clear and present danger" to the public order.
Obscenity
Sexually offensive material. Obscenity can be illegal if it is found to violate a four-part test established by the United States Supreme Court.
Defamation of Character
Wrongfully hurting a person's good reputation.
Slander
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.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Actual Malice
Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.
Public Figures
Public officials, movie stars, and other persons known to the public because of their positions or activities.
Gag Order
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.
Writ of Habeas Corpus
Habeas corpus means, literally, "you have the body." A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or judge and explain why the person is being held.
Arraignment
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.
Exclusionary Rule
A judicial policy prohibiting the admission at trial of illegally seized evidence.
Bill of Rights #1
Free exercise of religion, establishment of religion, free press, free speech, peaceful assembly, right to petition government.
Bill of Rights #2
Right to keep and bear arms.
Bill of Rights #3
No quartering of soldiers without owner's consent.
Bill of Rights #4
No unreasonable searches or seizures.
Bill of Rights #5
Grand jury indictment, double jeopardy prohibition, no self-incrimination, due process protection, no seizure of property without just compensation.
Bill of Rights #6
Jury trial in criminal cases, right to speedy and public trial, notice of the nature of the accusation, right to confront witnesses against and call witnesses in favor, right to counsel.
Bill of Rights #7
Jury trial in civil cases.
Bill of Rights #8
No excessive bail, no cruel and unusual punishment.
Bill of Rights #9
Rights not limited by the list of rights in the first eight amendments.
Bill of Rights #10
Powers no delegated to the national government are reserved to the states and the people.