- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
- What does it mean when someone says “I’m taking the Fifth”?
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The Establishment Clause in the First Amendment says the government can’t pick a favorite religion or make an official one for the country. The Lemon Test helps decide if a law breaks this rule. It checks if the law has a non-religious purpose, if it doesn’t help or hurt religion too much, and if it doesn’t get too tangled up with religion.
Burning the US flag is allowed because the Supreme Court decided in Texas v. Johnson that it’s a way of expressing ideas, which is protected by the Constitution.
When someone says “I’m taking the Fifth,” they’re saying they won’t answer a question or give evidence that could make them look guilty in a criminal case. It’s their right under the Fifth Amendment to avoid self-incrimination.