Safayatul Islam – Discussion 9.1

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.

    Stephanie Maracayo discussion board 9.1

    1. the establishment clause prevents the government from involving themselves with any type of religion. The lemon test helps out the government from making sure the law doesn’t violate policies, by checking the law through three steps.
    2. Burning the United States flag is protected by the first amendment because of free speech, the court determined that its some sort of form of free speech during the Texas v. Johnson court case.
    3. Taking the fifth protects someone from testifying against themselves in crime cases.

    Jessica Guinea Chamorro-9.1 Discussion Response

    1.The Establishment Clause prevents the government from establishing a state religion or favoring one religious convictions over others, ensuring religious freedom for all. The Lemon test determines if a law violates this clause, determines whether that law has a secular purpose, inhibits or promotes religion, and results in excessive government entanglement. However, to my understanding, this test is still applicable, especially in church-state separation

      2. The Supreme Court, in Texas v. Johnson, ruled that flag burning is a form of figurative speech protected by the First Amendment. Though this act triggers the anger of many, the Court reasoned that free speech cannot be limited to acceptable speech. This case makes me realize that the US Constitution provides strong protection for free speech for American citizens.

      3. The Fifth Amendment protects people from self-incrimination, meaning they cannot be forced to testify against themselves in criminal cases. This right prohibits any pressure put on a particular person to obtain information that will be used against him as much as his preservation is necessary for equal elements in the legal process.

      Discussion board 9.1- Anivel Espinal Fernandez

      1.The United states it’s a very diverse country filled with multiple religions .The establishment clause within the 1st amendment generally means that in the United States it’s prohibited to favor or show a religion of preference . The favoritism can lead to chaos and conflict between the people of the United States .For example , if the United States promoted a catholic religion people would see this religion as a superior religion.The lemon test is used to determine if the government violated the establishment clause .

      2.No, the United States flag is not protected by the first amendment after Texas v. Johnson case since the first amendment protects our symbolic speech . In fact, The burning of the united states flag is controversial since it shows a form of disrespect towards the united states but also it was marked as unconstitutional since this protestor rights had to be protected .Even Though the burning of the flag seems offensive for some people the court made it clear that the defendant form of expression had to be protected no matter if it was offensive .

      3.When a person says “i’m taking the fifth “ it means that they will stay quiet and not respond to anything since it can incriminate the defendant .However , for most criminals would say that they desire to speak with their attorney before making a statement .The fifth amendment is important to protect legal incrimination.

      Discussion Board 9.1

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

      When I think about the Establishment Clause in the First Amendment, I realize how important it is for keeping the government from creating an official religion or showing favoritism toward one faith over another. This separation allows us to practice our beliefs freely without interference. To figure out if a law breaks this rule, courts use the Lemon Test, which comes from the Lemon v. Kurtzman case. This test checks if a law has a secular purpose, doesn’t promote or inhibit religion, and avoids too much government involvement with religious groups. IIf a law fails any part of this test, it’s considered unconstitutional, which seems fair for maintaining that balance.

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

      When it comes to burning the American flag, the Supreme Court’s decision in Texas v. Johnson made it clear that it is protected as symbolic speech under the First Amendment. Even though many people find flag burning offensive, the ruling emphasized the importance of protecting all forms of expression, even the controversial ones.

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

      When someone says, “I’m taking the Fifth,” they’re referring to the Fifth Amendment, which protects people from self incrimination. This means they have the right to refuse to answer questions that might make them look guilty. I believe this protection is really important for ensuring a fair legal process.

        Discussion Board 9.1

        1. Describe how you understand the “Establishment Clause” and the related “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.
        3. What does it mean when someone says “I’m taking the Fifth”?