POLS 1101 UGA Glas Exam 1 Study Guide Week 5b
Questions with Answers
clear and present danger test - -A rule used by SCOTUS 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
-community standards - -SCOTUS'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, appeals to
prurient interests"
-cruel and unusual punishment - -criminal penalties that are not considered appropriate
by a society, that involve torture, or that can result in death when the death penalty has not
been ordered
-due process clause - -a clause found in both the 5th and 14th amendments to the
constitution protecting citizens from arbitrary actions by the national and state
governments
-Equal Protection Clause - -14th amendment clause that guarantees all citizens equal
protection of the laws. The courts have interpreted the clause to bar discrimination against
minorities and women
-establishment of religion clause - -The first clause of the first amendment. this
establishment clause prohibits the national government from establishing a national
religion
-exclusionary rule - -a judicial rule prohibiting the police from using at trial evidence
obtained through illegal searches and seizures
-free exercise clause - -the second clause of the first amendment, forbidding the national
government from interfering with the exercise of religion
-incitement - -the government cannot forbid "advocacy of the use of force or of law
violation" unless the advocacy is "directed to inciting or producing imminent lawless action
and is likely to incite or produce such action"
-incorporation - -SCOTUS's extensions of the guarantees of the BoR to state and local
governments through its various interpretations of the 14th amendment
-Lemon test - -The most far-reaching of the controversial cases in which the Supreme
Court specified three conditions every state law must satisfy to avoid running afoul of the
establishment of religion prohibition: the statute in question "must have a secular
Questions with Answers
clear and present danger test - -A rule used by SCOTUS 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
-community standards - -SCOTUS'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, appeals to
prurient interests"
-cruel and unusual punishment - -criminal penalties that are not considered appropriate
by a society, that involve torture, or that can result in death when the death penalty has not
been ordered
-due process clause - -a clause found in both the 5th and 14th amendments to the
constitution protecting citizens from arbitrary actions by the national and state
governments
-Equal Protection Clause - -14th amendment clause that guarantees all citizens equal
protection of the laws. The courts have interpreted the clause to bar discrimination against
minorities and women
-establishment of religion clause - -The first clause of the first amendment. this
establishment clause prohibits the national government from establishing a national
religion
-exclusionary rule - -a judicial rule prohibiting the police from using at trial evidence
obtained through illegal searches and seizures
-free exercise clause - -the second clause of the first amendment, forbidding the national
government from interfering with the exercise of religion
-incitement - -the government cannot forbid "advocacy of the use of force or of law
violation" unless the advocacy is "directed to inciting or producing imminent lawless action
and is likely to incite or produce such action"
-incorporation - -SCOTUS's extensions of the guarantees of the BoR to state and local
governments through its various interpretations of the 14th amendment
-Lemon test - -The most far-reaching of the controversial cases in which the Supreme
Court specified three conditions every state law must satisfy to avoid running afoul of the
establishment of religion prohibition: the statute in question "must have a secular
