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:
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- Spring '16
- Fourteenth Amendment to the United States Constitution