chapter 18

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