1. From my understanding the Establishment Clause was created so that congress would not be able to promote or establish a certain religion. The Establishment Clause made sure that there was a separation between the church and state they agreed to this clause because “In Europe, bitter wars were fought between and within states, often because the established church of one territory was in conflict with that of another; wars and civil strife were common, particularly between states with Protestant and Catholic churches that had differing interpretations of Christianity.”(Reading 9.1). Basically, the government saw how promoting and establishing a religion brought forth so many problems and war, so the government did not want to bring these problems over to their new land. The Lemon test was a sort of check list created by the Supreme Court to test laws and make sure the actions of the government do not violate the Established Clause.
2. Burning the US flag is protected by the First Amendment. In the case of Texas v. Johnson, the Supreme Court decided “that burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional.”(Reading 9.1). The court basically saw it as a way of expressing themselves and freedom of expression is protected under the First Amendment.
3. When someone says “I’m taking the Fifth” they are referring to the Fifth Amendment on the US Constitution this means that the person is using their right to remain silent and not answer questions that could be used to incriminate them.

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

The Establishment Clause protects the religious freedom of Americans by prohibiting Congress from creating or promoting a state-sponsored religion.  This further means that the government is not permitted to favor one set of beliefs over another, nor is it allowed to favor religion over non-religion.  What this means is that the people are permitted to follow whatever religion or lack of religion they desire without concern about discrimination or exclusion due to their personal beliefs, as there is no “true” American religion and the government cannot create one.  This is ultimately meant to be the separation of church and state.
The Lemon Test was established after a Supreme Court case in 1971 known as Lemon v. Kurtzman.  It is meant to determine whether a law or government action that may promote a religious practice is allowed to exist.  There are three criteria that a law or government action must pass as part of this test.  The first is that the action or law cannot lead to excessive government entanglement, meaning there should be a clear separation between the government and religion.  The second is that the law or action must be neutral, neither limiting or advancing its effect on religious practice.  Finally, the action or law must have a secular, meaning non-religious, justification.  This means that laws or government action must have a non-religious purpose, a clear separation of church and state entanglement and that the law or action must be religiously neutral to be allowed to stand by the criteria of the Lemon Test.

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

According to Texas v. Johnson in 1989, burning the US flag is protected by the First Amendment.  The case declared the act of burning the US flag as an example of symbolic speech, which was determined to be protected by the First Amendment’s freedom of expression in the same way as written or spoken communication.  Therefore, according to the Supreme Court, burning the US flag is protected by the First Amendment and laws to criminalize the act are unconstitutional.  

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

Someone saying “I’m taking the Fifth” means that they are exercising their right to remain silent.  The Fifth Amendment includes protection against self-incrimination, where people have the right to not give evidence in court or to law enforcement that might mean an admission of guilt or responsibility for a crime.  Therefore “taking the Fifth” means that someone is using their right to not speak to avoid self-incrimination.  This is not allowed to be taken as an admission of guilt or played to a jury or other law enforcement as something that a guilty person would do, as it is a right for all Americans to protect themselves.

1. The Establishment Clause is a part of the First Amendment that ensures the protection of religious freedom. This clause also protects the people by having a set of religions imposed by the government or other authorities. 

The Lemon test is an exclusion to the Establishment Clause. Under the Lemon test, the government can decide about your religion if it meets a criteria of three parts. 

2. Burning the US flag protection by the First Amendment is a result of the Texas v. Johnson case. In this case, the Supreme Court claimed “that burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional.” 

3. When someone says “I’m taking the Fifth” means that that person is taking his/her right of remaining silent which is protected by the Fifth Amendment. The right of remaining silent is also known as right against “self-incrimination”

1. I understand that the establishment clause is similar to the first amendment when it comes to religious freedom. The establishment clause helps to protect one’s own religious belief from the government. i understand that the lemon test was used to make sure that the religious practices were legal and allowed to continue. It makes sure that the religion serves its purpose.
2. Yes the burning flag is protected by the first amendment. Its protected by the first amendment due to the fact that it was a form of freedom of speech with a symbolic meaning and it was allowed by the Supreme court in Texas v Johnson .
3. When someone says “i’m taking the fifth” it means that they don’t have to give evidence in court or to law enforcement if they don’t want to be responsible for a crime.

 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.  

1. 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.

Dymytri Doricent- board 9.1

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

The Establishment Clause of the First Amendment prohibits the government from establishing a national religion or favoring one religion over others. The Lemon Test is a three pronged test  to determine if a law or government action violates 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.

 Burning the US flag is considered protected speech under the First Amendment. This was established in the landmark Supreme Court case Texas v. Johnson (1989), where the Court ruled that flag burning is a form of symbolic speech protected by the First Amendment. The Court emphasized that the government cannot prohibit the expression of an idea simply because society finds it

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

When someone says “I’m taking the Fifth,” it refers to invoking their Fifth Amendment right against self-incrimination. The Fifth Amendment of the United States Constitution protects individuals from being compelled to be witnesses against themselves in criminal cases. By invoking the Fifth Amendment, a person is refusing to answer a question or provide information that may incriminate them or lead to their prosecution. This right ensures that individuals cannot be forced to testify against themselves in a court of law.

1. The “Establishment Clause” is part of the First Amendments to the US constitution that essentially states the government cannot make any more rules favoring one religion over another. The “Lemon Test” is a set of instructions by the Supreme Court to decide if a law or government action violated the “Establishment Clause.”
2. Burning the US flag would be protected under the First Amendment, as it is considered protected speech by the Supreme Court vs Johnson, establishing that burning the flag would be a form of expression. 
3. When someone says “I’m taking the Fifth”, it means that they do not want to further discuss/ answer a question. This comes from the Fifth Amendment, which protects the right for someone to incriminate themselves.