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9th Amendment
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Part of the Bill of Rights that reads “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
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14th Amendment
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Provides a broad definition of citizenship and requires states to provide equal protection of the law to all people within their jurisdictions
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Due Process Clause (s)
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Clause contained in the Fifth and Fourteenth amendments. Over the years, it has been construed to guarantee individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action. The significance is that it's language suggested the possibility that some or even all of the protections guaranteed in the Bill of Rights might be interpreted to prevent state infringement of those rights
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Sedition Laws
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laws that made it illegal to speak or write any political criticism that threatened to diminish respect for the government, its laws, or public officials
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Incorporation Doctrine
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An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights
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Selective Incorporation
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A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
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1st Amendment
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Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including the freedom of religion, speech, press, assembly, and petition
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Establishment Clause
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The first clause in the First Amendment; it provides the national government from establishing a national religion
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Free Exercise Clause
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The second clause of the First Amendment; it prohibits the U.S. Government from interfering with a citizen's right to practice his or her religion
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Prior Restraint
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Constitutional doctrine that prevents the government from prohibiting speech of publication before the fact; generally held to be in violation of the First Amendment
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Sedition
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Speech or publication expressing discontent of lawful authority/the government
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Clear and Present Danger
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Test articulated by the Supreme Court in Schenck v. U.S. To draw the line between protected and unprotected speech; the Court looks to see “whether the words used” could “create a clear and present danger that they will bring about substantive evils” that Congress seeks “to prevent”
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Direct Incitement Test
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A test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds the advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur
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Symbolic Speech
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Symbols, signs, and other methods of expression generally also considered to be protected by the First Amendment
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Libel
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false written statements or written statements tending to call someone's reputation into disrepute
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