- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
- What does it mean when someone says “I’m taking the Fifth”?
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1. The establishment clause is apart of the first amendment that prevents the government to create or favor any religion. The establishment clause separates churches and the state. The lemon test is from the supreme court case “Lemon v. Kurtzman”. It helps determine if whether a law is violating the establishment clause. The lemon test have three rules it have to be non religious, it cannot hurt or help any religion and it has to be clear.
2. Burning the US flag is protected by the first amendment. The Supreme Court ruled that in case Texas v. Johnson. The Supreme Court said that biting the flag during a protest is a form of speech and expression and it is protected by the US Constitution. Although many people have stated that it is disrespectful and do not agree.
3. When someone says they are “I’m taking the fifth” it means that they are using their fifth amendment right to not answer any questions and stay quiet so they don’t give any information that can be used against them.