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Rule from English law saying that expression could be punished if it could ultimately lead to illegal behavior. |
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The principle enunciated by the courts that freedom of speech must be balanced against other competing public interests at stake in particular circumstances. |
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Fundamental freedoms that together preserve the rights of a free people. |
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The thirteenth, Fourteenth, and Fifteenth Ammendments, which abolished slavery, redefined civil rights and liberties, and guranteed the right to vote to all adult male citizens. |
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Clear and present danger doctrine |
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The principle that people should have complete freedom of speech unless their language endangers the nation. |
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Advertising or other speech made for business purposes; may be regulated. |
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Found in the Fifth and Fourteenth ammendments to the Constitution; forbids deprevation of life, liberty, or property without due process of law. |
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Establishment of religion clause |
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Denies the government the power to establish any single religious practice as superior. |
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Legal standard that says that illegaly obtained evidence cannot be admitted in court. |
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The principle, endorsed by the Supreme Court in Chaplinskey v. New Hampshire (1942), that some words constitute violent acts and are therefore not protected under the First ammendment. |
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Free exercise of religion clause |
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Protects the right of individuals to practice their religion. |
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Fundamental freedoms doctrine |
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Court doctrine stating that laws impinging on the freedoms that are fundamental to the preservation of democratic practice-the freedoms of speech, press, assembly, and religion- are to be scrutinized by the courts more closely than other legislation. These are also termed the preferred freedoms. |
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Supreme Court decision in 1963 giving indigent people accused of crimes the right to court appointed counsel. |
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False statement defaming another. |
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Supreme Court decision saying that any evidence obtained without a proper search warrant may not be introduced in a trial. |
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Supreme Court decision stating that accused persons must be told by police that they need not testify against themselves. |
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Publicly offensive language or portrayals with no redeeming social value. |
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Agreement between prosecution and defense that the accused will admit having committed a crime, provided that other charges are dropped and reccomended sentence is shorter. |
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Legal doctrine that gives individuals the right to publish without prior restraint-that is, without first sumbitting material to a government censor. |
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Attorney whose full-time responsibilities are to provide for legal defense of indigent criminal suspects. |
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Right to keep free from government interferrence those apects of one's personal life that do not affect others. |
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The case-by-case incorporation, by the courts, of the Bill of Rights into the due process clause of the Fourteenth amendment. |
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Separation of church and state doctrine |
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The priciple that a wall should separate the government from religious activity. |
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To house jurors privately, away from any information other than that presented in the courtroom. |
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Place where a trial is held. |
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Stifling of dissent by those voted into power by the majority. |
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A judicial order that a prisoner be brought before a judge to determine the legality of his or her imprisonment. |
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