Clear and present danger (test)

1. Clear and present danger (test)

2. A legal interpretation that reconciled two views of the First 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. • Proposed by Supreme Court justice Oliver Wendell Holmes in 1919, it held that Congress could punish only speech that created a clear and present danger of bringing of bringing about the actions that congress is authorized to prevent.

3. Communist Control Act (of 1954)

4. Declare the Communist Party to be part of a conspiracy to overthrow the government • United States federal legislation, signed into law by Dwight Eisenhower on 24 August 1954, which outlawed the Communist Party of the United States. It amended the Subversive Activities Control Act, and prohibited communist from running for public office.

5. Due process clause of the fourteenth amendment

6. Protection against arbitrary derivation of life, liberty, or property as guaranteed in the Fifth and Fourteenth Amendments

7. Espionage Act and Sedition Act (1917-1918)

8. Makes it a crime to utter false statements that would interfere with the American military, to send through the mails material “advocating or urging treason, insurrection, or forcible resistance to any law of the United States”, or to utter or write any disloyal, profane, scurrilous, or abusive language intended to incite resistance to United States or to curtail war production

9. Establishment clause

10. A clause in the First Amendment to the Constitution that Congress shall make no law “ respecting an establishment of religion”

11. Exclusionary rule

12. A rule that holds that evidence gathered in violation of the Constitution cannot be used in trial. • The right has been implemented in two provisions of the Bill of Rights – the right to be free from unreasonable searches or seizures (Fourth Amendment) and the right not to be compelled to give evidence against oneself (Fifth Amendment).

13. Freedom of expression

14. The constitutional rights of Americans to “freedom of speech, or of the press, or the right of people peaceably to assemble, and to petition the government for a redress of grievances” as outlined in the First Amendment to the Constitution

15. Freedom of religion

16. The religious rights of Americans outlined in the First Amendment to the Constitution • The amendment states that “Congress shall make no law respecting an establishment of religion; or abridging free exercise thereof”

17. Free exercise clause

18. A clause in the First Amendment to the Constitution stating that Congress shall make no law prohibiting the “free exercise” of religion

19. Good faith exception

20. Admission at a trial of evidence that is gathered in violation of the Constitution if the violations results fro a technical or minor error

21. Hate crime

22. crimes (such as violent crime, hate speech or vandalism) that are motivated by feelings of hostility against any identifiable group of people within a society • The U.S. Congress defined in 1992 a hate crime as a crime in which "the defendant's conduct was motivated by hatred, bias, or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender, sexual orientation or gender identity of another individual or group of individuals"

23. Internal security act (of 1950)

24. Requires members of the Communist Party to register with the government • established the Subversive Activities Control Board to investigate persons thought to be engaged in "un-American" activities • Legislation that severely curtailed the rights of known or suspected communists

25. Libel

26. A written statement falsely injures the reputation of another person

27. McCarthyism

28. Charges that unfairly or dishonestly tarnish the motives, attack the patriotism, or violate the rights of individuals, especially of political opponents • Refers to the numerous unsubstantiated accusations of communism made against public and private individuals by Senator Joseph McCarthy in the 1950s

29. Obscenity

30. expressions (words, images, actions) that offend the prevalent sexual morality of the time

31. Prior restraint

32. the traditional view of the press’s free speech rights as expressed by William Blackstone, the great English Jurist • According to this view the press is guaranteed freedom from censorship – that is, rules telling it in advance what it can publish

33. Probable cause

34. Good reason that suggests a crime has been committed • Standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant • Also standard to which a grand jury believes that a crime has been committed

35. Public figure

36. IE celebrity, elected official, army general, etc • A public figure cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher intentionally defamed the person with malice

37. Search warrant

38. An 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 probable cause exists that a crime has been committed and that the evidence bearing on the crime will be found at a certain location

39. Sedition Act (of 1918)

40. An amendment to the Espionage Act of 1917 • The Sedition Act forbade an American to use "disloyal, profane, scurrilous, or abusive language" about the United States government, flag, or armed forces during war • The act also allowed the Postmaster General to deny mail delivery to dissenters of government policy during wartime

41. Smith Act (of 1940)

42. Made it illegal to advocate the overthrow of United States government by force or violence

43. Symbolic speech

44. An act that conveys a political message, such as burning a draft card to protest the draft

45. Wall of separation principle

46. A Supreme Court interpretation of the establishment clause in the First Amendment that prevents government involvement with religion, even on a non-preferential basis

47. Affirmative action

48. The requirement, imposed by law or administrative regulation, that an organization take positive steps to increase the umber or proportion of women, blacks or other minorities in its membership

49. Alien

50. a person who is neither a native nor a citizen of their country of residence