Writ of Habeas Corpus
a court order requiring explanation to a judge why a prisoner is held in custody
Ex Post Facto Law
retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution
Bill of Attainder
legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
Due Process Clause
clause in the Fifth Amendment limiting the power of the national government; similar to clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law
Selective Incorporation
the process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments
Establishment Clause
clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion. It has been interpreted by the Supreme Court to forbid governmental support of any or all religions
Free Exercise Clause
clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion. Children may pray in public schools, provided that the prayer is not authorized, organized, or endorsed by the school authorities.
Bad Tendency Test
interpretation of the First Amendment that would permit legislatures to forbid speech that has a tendency to cause people to engage in illegal action
Clear and Present Danger Test
interpretation of the First Amendment that holds government cannot punish a person for speech presents a clear and present danger that will lead to illegal acts. To shout "Fire!" falsely in a crowded theater is Justice Oliver Wendell Holmes's famous examp
Preferred Position Doctrine
interpretation of the First Amendment that holds that freedom of expression is so essential to the operation of a democracy that judges should give it special protection and should almost never allow governments to punish persons for what they say, only f
Nonprotected Speech
libel, obscenity, fighting words, and commercial speech, which are not entitled in all circumstances to constitutional protection
Libel
written defamation of another person. Especially in the case of public officials and public figures, the constitutional tests designed to restrict libel actions are very rigid
Sedition
attempting to overthrow the government by force or to interrupt its activities by violence
Obscenity
quality or state of a work that, taken as a while, appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serioius literary, artistic, political, or scientific value
Fighting Words
words that by their very nature inflict injury upon those to whom they are addressed or cause acts of violence by them
Commercial Speech
advertisements and commercials for products and services that receive less First Amendment protection, primarily false and misleading ads
Prior Restraint
restraint or censorship imposed before a speech is made or a newspaper published, usually presumed to be unconstitutional
Civil Disobedience
action in which people refuse to obey the law or comply with the orders of public officials as a means of expressing their opposition to the government or some of its laws