Ch. 4 vocabulary
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___ individual rights (freedoms) protected by the Constitution against the powers of the government.
Writ of ___ is an order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in prison.
Writ of habeas corpus
___ is a legislative act that punishes a person or group without letting them have a trial to determine guilt or innocence.
bill of attainder
___ law punishes individuals for committing an act that was legal when the act was committed but has since become a crime.
ex post facto
___ is the requirement that the government use far, reasonable, and standard procedures whenever it takes any legal action against an individual, that government will not deprive a person of life, liberty or property illegally or arbitrarily.
due process clause
Congress is prohibited from passing laws ___, through prayer in public schools, teaching creation and aiding parochial schools.
establishment of religion
Congress is prohibited from passing laws prohibiting the ___ of religion, often involving religious practices that conflict with laws.
free exercise of religion
___ is an educational certificate from the government to a student to use public funds to pay for private or public school chosen by the student or his/her parents. Channels the funds through the student, not directly from government to the private (religious) school to avoid establishing a religious school.
___ is the expression of beliefs, opinions or ideas through forms other than speech or print. It involves nonverbal actions or expressions.
___ urges resistance to the lawful authority or that advocates the overthrowing of a government.
Restrictions on ___ advertising products are valid if they seek to implement a substantial government interest, directly advance that interest and go no farther. Example: Liquor advertising.
___is a published falsehood that injures a person's reputation or character.
___ is a spoken statement that holds a person up to a third person for contempt, ridicule or hatred. Statements must be untrue, intended to harm and do harm. Public figures are less protected from libel and slander.
___ is a form of unprotected speech.
- obscenity: the courts have ruled obscene material that
- 1. the average person finds violates contemporary community standards
- 2. the work taken as a whole appeals to prurient interest in sex
- 3. work shows patently offensive sexual conduct
- 4. the work lacks serious literary, artistic, political or scientific merit.
- 5. material that sexually exploits children is obscene.
___ 1973 the Supreme Court legalized abortion under the right to privacy in the constitution.
- Roe v. Wade
- The Abortion Controversy
The Supreme Court upheld the states' rights to ban ___ but also did not hold that state laws permitting assisted suicide were unconstitutional.
Physician-assisted suicide: Oregon "Right to die"
___ is cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime.
___ to prosecute a person twice for the same criminal offense.
___ with respect to freedom of the press involves censorship. The governments preferred position is to rarely limit spoken or printed words because they are important to democracy.
___ can be limited in time, place and manner. Time middle of the night can blast music, can march down the middle of I-35, or burn crosses in East Austin to frighten people.
Freedom of Assembly
No person is required to witness against (incriminate) him/herself is called protection against ___
___ rule requires that illegally obtained evidence not be admitted in court.
___ inform suspects of their right to remain silent, to have counsel, and that anything said can and will be held against them.
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