1. The Establishment Clause is one of the fundamental protections in the First Amendment, essentially creating what Thomas Jefferson called a “wall of separation between church and state.” At its core, it prevents the government from playing favorites with religion – whether that’s setting up an official state church, giving special treatment to one faith over others, or even promoting religion in general over non-belief. To help courts figure out if a law or government action crosses this line, the Supreme Court created what’s known as the Lemon Test in 1971. The lemon test can be interpreted as a three-part checklist: the government action can’t get too entangled with religion, it has to stay neutral, and it needs to have some secular purpose. This test helps courts navigate tricky questions like whether a school can display religious holiday decorations or include prayer in graduation ceremonies and so on.
2. Yes, burning the US flag is protected as symbolic speech under the First Amendment, as established in the 1989 Supreme Court case Texas v. Johnson. Gregory Lee Johnson was arrested and convicted for burning a flag during a protest near the Republican National Convention in Dallas. The Supreme Court ruled that flag burning was a form of symbolic speech protected by the First Amendment and found the law against flag desecration unconstitutional. When Congress tried to override this decision by passing the Flag Protection Act, the Supreme Court struck that down as unconstitutional.
3. When someone says they’re “taking the Fifth,” they are invoking their Fifth Amendment protection against self-incrimination. This means they are exercising their right to remain silent and not provide evidence in court or to law enforcement that might constitute an admission of guilt for a crime.