- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
he Establishment Clause is like this rule in the First Amendment that says the government can’t pick a favorite religion or make laws that force people to follow a certain religion. It’s all about keeping religion separate from government stuff. Then, there’s this thing called the Lemon Test, which is basically a way to check if a law is cool under the Establishment Clause. It’s named after Lemon v. Kurtzman, this big court case from the ’70s. The Lemon Test says a law can’t have a religious purpose, its main effect can’t be about religion, and it shouldn’t get the government too tangled up with religion.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Burning the US flag is indeed protected by the First Amendment. This was confirmed in the landmark Supreme Court case Texas v. Johnson (1989). In this case, the Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. Gregory Lee Johnson had burned an American flag during a protest at the 1984 Republican National Convention in Dallas, Texas. The Court held that Johnson’s actions were protected expression under the First Amendment, stating that “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”
3. What does it mean when someone says “I’m taking the Fifth”?
“I’m taking the Fifth” is something you hear when someone doesn’t want to answer a question because it might get them in trouble. It’s all about this Fifth Amendment thing that says you don’t have to say anything that could make you look guilty in a criminal case. So when someone “takes the Fifth,” they’re basically saying, “I’m not going to answer that question because I don’t want to incriminate myself.” It’s a way to protect yourself legally.
