- While other countries may have an official religion, the establishment clause is implemented to prohibit congress from establishing or promoting an official religion of the United States. It also bans the government from favoring religious beliefs over others or favoring religion over non- religion. The Lemon test decides whether a law that might promote a particular religious practice should be allowed to stand. In order for such a law or act to be considered constitutional and remain in it must not lead to excessive government entanglement with religion, the action or law must be neutral in its effect on religion, and there must be some non-religious justification for the law. In sum, the government does not have an official religion because this is supposed to be the land of the free and everyone should be at liberty to decide what religion they want to practice. The process of the lemon test ensures that the is not disregarding or disrespecting anyone’s religion but also keeping that separation of church and state.
2. Burning the U.S flag is protected by the First Amendment because it was decided that burning the flag is a form of symbolic speech. It is not harmful to anyone and it is not considered threatening symbolic speech or defamation of someone’s character in which cases it would not be protected by the First Amendment.
3. By “taking the fifth” a person is choosing not to incriminate themselves. It means that they are exercising their right to remain silent and not give evidence in court or to law enforcement officers that might constitute an admission of guilt or or responsibility for a crime.
