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Incorporation Theory
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The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.
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terms list
Incorporation Theory
The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment's due process clause.
Establishment Clause
The part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It is applied to questions of the legality of giving state and local government aid to religious organizations and schools, allowing or requiring school prayers, and teaching evolution versus intelligent design.
Free Exercise Clause
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.
Prior Restraint
Restraining an activity before it has occurred. When expression is involved, this means censorship.
Symbolic Speech
Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic speech is given substantial protection by the courts.
Commercial Speech
Advertising statements, which increasingly have been given First Amendment protection.
Clear and Present Danger Test
The test proposed by Justice Oliver Wendell Holmes for determining when government may restrict free speech. Restrictions are permissible, he argued, only when speech creates a clear and present danger to the public order.
Defamation of Character
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.
Slander
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, persons other than the defamed party.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Actual Malice
Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.
Pubic Figure
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
Gag Order
An order issued by a judge restricting the publication of news about a trial or a pretrial hearing to protect the accused's right to a fair trial
Writ of Habeas Corpus
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.
Arraignment
The first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty.
Exclusionary Rule
A judicial policy prohibiting the admission at trial of illegally seized evidence.
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