McCarthyism
charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially of political opponents
freedom of expression
constitutional rights of Americans to "freedom of speech, or of press, or the right of people peaceably to assemble, and to petition the government for a redress of grievances" as outlined in the 1st amendment
freedom of religion
religious rights of Americans outlined in the 1st amendment to the Constitution: "Congress shall make no law respecting an establishment of religion, or abrdiging the free exercise thereof
free exercise clause
clause in the 1st amendment to the Constitution stating that Congress shall make no law prohibiting the "free exercise" of religion
prior restraint
traditional view of the press's free speech rights as expressed by William Blackstone, the great English jurist
clear-and-present-danger test
legal interpretation that reconciled two views of the 1st amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech
due-process clause
protection against arbitrary deprivation of life, liberty, or property as guranteed in the 5th and 14th amendments
libel
written statement that falsely injures the reputation of another person
symbolic speech
act that conveys a political message, such as burning a draft card to protest the draft
establishment clause
clause in the 1st amendment to the Constitution stating that Congress shall make no law "respecting an establishment of religion
wall-of-separation principle
Supreme Court interpretation of the establishment clause in the 1st amendment that prevents government involvement with religion, even on a nonpreferential basis
exclusionary rule
rule that holds that evidence gathered in violation of the Constitution cannot be used in a trial
search warrant
order from a judge authorizing the search of a place; the order must describe what is to be searched and seized, and the judge can issue it only if he or she is persuaded by the police that good reason (probable cause) exists that a crime has been committ
probable cause
good reason
good-faith exception
admission at a trial of evidence that is gathered in violation of the Constitution if the violation results from a technical or mirror error