- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The First Amendment of the US Constitution includes the Establishment Clause, which prohibits the government from endorsing any official religion or showing favoritism towards any particular religion. To determine whether a law or government action violates this clause, the Lemon test is used. This test involves three parts: the law or action must have a secular purpose, its primary effect must not be to advance or inhibit religion, and it must not create excessive entanglement between government and religion.
2. Is burning the US flag protected by the first amendment? Explain by referring to the relevant court case discussed in the reading.
Supreme Court determined that the act of burning the US flag is a type of symbolic speech that is safeguarded by the First Amendment. The decision confirmed that individuals have the right to engage in political expression, even if it is considered distasteful or disagreeable by others.
3. What does it mean when someone says “I’m taking the Fifth”?
The phrase “I’m taking the Fifth” means an individual is invoking their right to remain silent under the Fifth Amendment of the US Constitution. It also serves to protects individuals from self-incrimination. Pleading the Fifth is declining to answer a question based on the possibility that their response could be used against them in a criminal proceeding.
