1. Describe how you understand the “Establishment Clause” and the related “Lemon Test.”

I understand the “Establishment Clause” to mean that the United States is not allowed to create or endorse an official country-wide religion, the Church of the United States, or a state-wide religion, the Church of New York.

The “Lemon Test” is a three-part test used to determine whether a government’s treatment of a religious institution constitutes the “establishment of religion,” which is prohibited under the Establishment Clause. 

2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading. 

Yes, burning the US flag is protected by the First Amendment because, in Texas v. Johnson, the Supreme Court decided it was considered “symbolic speech,” which is protected the same way as written and spoken communication. 

3. What does it mean when someone says, “I’m taking the Fifth”? 

“I’m taking the Fifth” means that an individual has decided to invoke their right against self-incrimination under the Fifth Amendment.