Direct incitement test test articulated by the

Direct incitement test: Test articulated by the
Supreme Court in Brandengurg v. Ohio (1969)
that holds that advocacy of illegal action is
protected by the First Amendment unless
imminent lawless action is intended and likely to
occur.
Symbolic speech: symbols, signs, and other
methods of expression generally considered to
be protected by the First Amendment
Libel: written statement that defames a person’s
character
Slander: untrue spoken statements that defame
the character of a person

New York Times Co. v. Sullivan (1964): Case
in which the Supreme Court concluded that
“actual malice” must be proven to support a
finding of libel against a public figure
Fighting words: Words that, “by their very
utterance inflict injury or tend to incite an
immediate breach of peace.” Fighting words are
not subject to the restrictions of the First
Amendment.
Writs of habeas corpus: Court orders in which
a judge requires authorities to prove that a
prisoner is being held lawfully and that allow the
prisoner to be freed if the judge is not persuaded
by the government’s case. Habeas corpus rights
imply that prisoners have a right to know what
charges are being made against them
Ex post facto law: Law that makes an act
punishable as a crime even if the action was
legal at the time it was committed.
Bill of attainder: a law declaring an act illegal
without a judicial trial
4
th
Amendment: part of the Bill of Rights that
reads: “The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but
upon probable cause, and particularly describing
the place to be searched, and the person or
things to be seized.”
Fifth Amendment: part of the Bill of Rights
that imposes a number of restrictions on the
federal government with respect to the rights of
persons suspected of committing a crime. It
provides for the indictment by a grand jury and
protection against self-incrimination, and
prevents the national government without the
due national government from taking property
without just compensation.
Miranda v. Arizona (1966): A landmark
Supreme Court ruling that held the 5
th
Amendment requires that individuals arrested
for a crime must be advised of their right to
remain silent and to have counsel present.
Miranda rights: Statements that must be made
by the police informing a suspect of his or her
constitutional rights protected by the fifth
Amendment, including the right to an attorney
provided by the court if the suspect cannot
afford one.
Double jeopardy clause: part of the fifth
Amendment that protects individuals from being
tried twice for the same offense in the same
jurisdiction.
Exclusionary rule: Judicially created rule that
prohibits police from using illegally seized
evidence at trial.
Eighth Amendment: part of the Bill of Rights
that states: “excessive bail shall not be required,
or excessive fines imposed, nor cruel and
unusual punishments inflicted.”
Right to privacy: the right to be left alone; a
judicially created principle encompassing a
variety of individual actions protected by the
penumbras cast by several constitutional
amendment; including the 1 st , 3th, 4 th , 9 th . 14 th
Amendment
Roe v. Wade: