Gov Test 11:14
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Clear and present danger test
A test by the supreme court to have reason for clear and present danger in spoken or written expression before prohibiting it. this gives the supreme court ability to defy rights to protect the country. this is important in protecting national safety over individual rights to free expression
Imminent lawless action test
this test says states cannot suppress free speech unless it is aimed at producing or is likely to produce lawless action. this is a refinement to the clear and present danger test. this is important to restrict states power to undermine individual's rights
action for the purpose of expressing a political opinion. the government may not prohibit the expression of an idea simply because society finds it offensive. this is important in preserving the freedom of expression
government cannot prohibit speech or publication before it is presented unless there is overwhelming justification for protecting the people. people are responsible legally for what they say or do. but cannot be stopped prior unless it is certain to cause problems. this is important to uphold the right of free expression.
- Publication of false material that damages a person's reputation. this is illegal and is chargeable in court. this is important to limit individual's rights for the common good
- Establishment clause
- the government cant favor one religion over another or favor no religion at all. this had prohibited religious or anti religious teachings in government programs and allows private rights of religious practice. this is important because it regulates government legal stance on any religion
Spoken falsehoods that damage a persons reputation. it is illegal and is important to restrict individual's rights for the common good.
A three part test: a law cant promote religion, cant favor religion and cannot become entangled in religion. A law must pass this test to become a law. this is important to keep laws fair for everyone and it defines the free exercise clause
Free exercise clause
Government cannot interfere with religion. Americans can hold any religious belief of their choosing as long as their actions dont harm themselves of others. this is important in allowing free religion but also keeping the population safe
right of privacy
the government must grant individuals a certain right of privacy. this usually involves intimate relationships or personal decisions. this is important because it allows citizens privacy from the government with personal matters that dont involve anyone else
procedural due process
the constitution requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offense. this furthers the due process of law. this is important because it prohibits government from wrongly punishing someone without an educated decision
government is prohibited from using evidence in a trial that was obtained in unconstitutional ways. this is to deter police from violating peoples rights to gain evidence. this is important to preserve peoples rights while they are under trial
Equal protection clause
A clause of the 14th amendment that forbids any state to deny equal protection of laws to any individuals within its jurisdiction. all are equal under the law. this is important in eliminating prejudice among law enforcement
reasonable basis test
an exception to the equal protection clause. government is not forced to treat all groups or classes of people equally if they have legitimate reasons. this usually applies to age groups. this is important because not all laws apply to the same people in the same way.
strict scrutiny test
a law cannot treat people differently for radical or ethical reasons. the law is unconstitutional unless government has tested it with compelling reason for it. this is important because it protects minorities rights
legal classifications that have invidious discrimination as their purpose and are unconstitutional. this defines the strict scrutiny test. this is important in recognizing what are unconstitutional clasifications
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