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Bill of Rights
First Amendment [Religion, Speech, Press, Assembly, Petition (1791)] (see explanation); Second Amendment [Right to Bear Arms (1791)] (see explanation); Third Amendment [Quartering of Troops (1791)] (see explanation); Fourth Amendment [Search and Seizure (1791)] (see explanation); Fifth Amendment [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process (1791)] (see explanation)
Fighting Words
fighting words Fighting words are words meant to incite violence such that they may not be protected free speech under the First Amendment .The U.S. Supreme Court first defined them in Chaplinsky v New Hampshire (1942) as words which "by their very utterance, inflict injury or tend to incite an immediate breach of the peace.
Establishment Clause
The First Amendment's Establishment Clause prohibits the government from making any law "respecting an establishment of religion." This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another.
Libel
libel Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation; exposes a person to public hatred, contempt or ridicule; or injures a person in their business or profession. Overview Traditionally, libel was a tort governed by state law.
Free Exercise Clause
The First Amendment applied only to the U.S. Congress upon its draft. As such, state and local governments could abridge the Free Exercise Clause if there was no similar provision in the state constitution. In 1940, the Supreme Court held in Cantwell v. Connecticut that, the Free Exercise Clause is enforceable against state and local governments.
Brandenburg Test
Brandenburg test The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969) , to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case , a KKK leader gave a speech at a rally to his fellow Klansmen, and after listing a number of derogatory racial slurs, he then said that "it's possible that there might have to be some ...