Final Exam Vocabulary - Chapter5CivilLiberties...

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Chapter 5 – Civil Liberties Incorporation: the Supreme Court’s extension of the guarantees of the Bill of Rights to state and local governments through its various interpretations of the 14 th Amendment Due Process Clause: clause found in both the 5 th and 14 th Amendments to the Constitution protecting citizens from arbitrary action by the national and state governments Equal Protection Clause: 14 th Amendment clause guaranteeing all citizens equal protection of the laws. The courts have interpreted the clause to bar discrimination against minorities and women Privileges and Immunities Clause: Clause in Section 1 of the 14 th Amendment stipulating that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States Selective Incorporation: the Supreme Court’s gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of the Bill of Rights to state laws and practices Clear and Present Danger Test: rule used by the Supreme Court to distinguish between speech protected and not protected by the First Amendment. Under this rule, the First Amendment does not protect speech aimed at inciting an illegal action “Clear and Probable Danger” Test: rule introduced by Chief Justice Fred Vinson for the courts to enlist in free expression cases: “In each case [the courts] must as whether the gravity of the ‘evil,’ discounted by its probability, justifies such invasion of free speech as is necessary to avoid the danger” Obscenity: defined as publicly offensive acts or language, usually of a sexual nature, with no redeeming social value. The Supreme Court has offered varying definitions in its rulings over the years Community Standards Rule: the Supreme Court’s 1973 ruling that a work is obscene if it is “utterly without redeeming social importance” and “to the average person, applying contemporary ‘community standards,’ the dominant theme of the material, taken as a whole,
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appeals to prurient interests” Prior Restraint: a government agency’s act to prohibit the publication of
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This note was uploaded on 09/21/2011 for the course POLS 1101 taught by Professor Cann during the Spring '08 term at University of Georgia Athens.

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Final Exam Vocabulary - Chapter5CivilLiberties...

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