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American Government
Civil liberties
| Question | o Either knowledge of a defama |
|---|---|
| • Arraignment | o The first act in a criminal proceeding, in which the defendant is brought before the court to hear the charges against him or her and enter a plea of guilty or not guilty |
| • Clear and Present Danger Test- | o The test proposed by Justice Oliver Wendell Holmes for determining when the government may restrict free speech. Restrictions are permissible, he argued, when speech creates a clear and present danger to public order. |
| • Commercial Speech- | o Advertising speech, which increasingly have been given First Amendment protection. |
| • Defamation of Character- | o Wrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements, about others. |
| • Establishment Clause- | o The part of the First Amendment prohibiting the establishment of a church officially supported by national government. It s applied to questions of the legality of giving state and local government ai |
| • Exclusionary Rule- | o A judicial policy prohibiting the admission at trial of illegally seized evidence. |
| • Free Exercise Clause- | o The provision of the First Amendment guaranteeing the free exercise of religion. The provision constrains the national government from prohibiting individuals from practicing the religion of their choice. |
| • Gag Order- | o An order issued by the judge restricting the publication |
| • Incorporation Theory | o the view that most of the protections of the Bill of Rights apply to state governments through the 14th amendment’s due process clause |
| • Libel | o A written defamation of a persons character, reputation, business, or property rights |
| • Obscenity | o Sexually offensive material. Obscenity can be illegal if found to violate a four-part test established by the U.S. Supreme Court. |
| • Prior Restraint- | o Restraining an activity before it has actually occurred. When expression is involved, this means censorship |
| • Public Figure- | o A public official, a public employee who exercises substantial governmental power or any other person, such as a movie star, known to the public because of his or her position or activities. |
| • Slander- | o 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, the persons other than the defamed party. |
| • Symbolic Speech- | o Expression of speech through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic Speech is given substantial protection by the courts. |
| • Writ of Habeas Corpus- | o 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 a judge and explain why the person is being held. |
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