Vocabulary 1
One of the provisions of the U.S. Constitution enacted after the original Constitution became law; an addition or change to an existing document of plan
Amendment
indefiniteness, uncertainty, imprecision, not clear or specific
Vagueness
Spoken expression about a person that is false and damages that person's reputation
Slander
bigoted speech attacking or disparaging a social or ethnic group or a member of such a group
Hate Speech
conduct that expresses an idea
Symbolic Speech
Every person involved in a legal dispute is entitled to a fair hearing or trial. The requirements vary with the situation, but they basically require notice and an opportunity to be heard.
Due Process
A general term applying to anything that is immoral, indecent, or lewd
Obscenity
A written expression about a person that is false and damages that person's reputation
Libel
Which amendment has to do with preventing cruel and unusual punishment?
8th Amendment
What does the 2nd Amendment state?
Right to bear arms
Too broad or general - legal term usually refers to a law that punishes speech that should be protected.
Overinclusive
Written or spoken expression about a person that is false and damages that person’s reputation
Defamation
legal term applying to words spoken face-to-face that are so abusive that they are likely to cause an imminent fight between the speaker and the person spoken to
Fighting Words
What was the Bill of Rights designed to protect American citizens against?
Against the overuse of power by the federal government
What does the 5th Amendment state?
Guarantees a right to a jury/prevents "double jeopardy"/protects against self-incrimination
A constitutional requirement of the 14th amendment that protects individuals against unlawful discrimination by the government
Equal Protection
speech that is directed at buying or selling of goods and services
Commercial Speech
any place, such as a park or street where 1st amendment expression rights are traditionally exercised
Public Forum
What is the essential, core political purpose of the First Amendment?
Self-governance: enabling people to obtain information from a diversity of sources, make decisions, and communicate these decisions to the government.
What's an example of freedom of speech not being "absolute"?
When someone shouts FIRE in a public place and causing panic
test formerly used by courts to restrict speech when the government thought the speech would create an immediate danger of serious harm
Clear and Present Danger Test
Used by judges to resolve legal issues by balancing the interests in conflict and deciding which is of higher importance.
Balancing Test
method used by courts to determine whether to restrict or punish expression based on its potential to cause immediate unlawful behavior
Incitement Test
What are some ways amendments are added to the Constitution?
Two-thirds vote, national convention called by Congress at the request of the legislatures in two-thirds of the states
What are some of the basic ideas to understanding Constitutional Law?
The rights guaranteed in the Constitution are not, and cannot be absolute/understanding that Constitutional law is that the Constitution protects citizens from certain action by the government/that enforcing one’s rights can be time-consuming and expensive