Discussion 9.1

The reading in section 4.2 on securing basic freedoms explains how the Establishment Clause and the Lemon Test were created and how they work. The Establishment Clause was created to protect religious freedom by prohibiting Congress from participating in or supporting any religion. The Lemon Test was later developed by the Supreme Court to decide whether a law or government action that might promote a particular religious practice should be allowed to stand.

 

Based on the readings, yes, burning the U.S. flag is protected by the First Amendment because it counts as freedom of speech. For example, as stated in the text about Johnson v. Texas, Johnson was arrested and charged with desecration of a venerated object after burning the flag. Five years later, the Supreme Court decided that Johnson’s action burning the flag was protected by the First Amendment.

When someone says, “I’m taking the Fifth,” they mean they have the right to remain silent and not testify, as protected by the Fifth Amendment.

Discussion Board 9.1

  1. The “Establishment Clause” prohibited Congress from creating or prompting a state sponsored religion. The clause was created to avoid conflicts such as the wars that were fought in Europe over religion. Due to the Establishment Clause the government cannot promote religion either. The “Lemon Test” is used by the Supreme court to create “a wall of separation between church and state.” The Lemon test is used to decide whether a law that might promote particular religious practices are allowed to be passed.
  2. Burning the U.S flag is not protected by the First Amendment because the 1st amendment was put in place to protect the basic individual freedom of individuals. Included in the First Amendment is something called “Freedom of Expression”. Freedom of Expression is expressed through the protection of four rights, free speech, press, assembly and petition, which are rights that the 1st Amendment Protects.
  3. “I’m taking the Fifth” means to withhold information without a proper trial. The 5th amendment is one of the most important amendments put in place to protect an individual, it protects an individual from being held without a proper sentencing process.

Jahlannie Goodwin DB #9.1

  1. The establishment clause is a part in the U.S. constitution that prevents the government from establishing an official religion of the country. This also prevents the governments from co-signing, funding or promoting any religion emphasizing the separation of church and state. The Lemon test was created by the supreme court that decided whether the government violated the establishment clause. The test has 3 parts, The law must have no religious purpose, it shouldn’t slander or promote any religion, and it must keep government and church separate. 
  1. In the Texas v. Johnson case in 1989, the supreme court found that burning the flag is a form of free speech since it expresses an opinion so it is protected by the first amendment. 
  1. When someone says this, they are invoking the right to not incriminate themselves in court. The fifth amendment gives you the right to remain silent, protection from double jeopardy and many other legal rights that protect you if you had run ins with the government. 

DB 9.1 Johnny Da Silva

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


The establishment clause is the first freedom described by the first ammendment, and it states that: “Congress shall make no law respecting an establishment of religion”, to my understanding this means that the government cannot favor one religion over others, in order to keep the freedom of choice unbiased, so that each individual can follow, or not, any religion without government interference. The Lemon test is a reference from a supreme court case that has a 3 part test to determine whether a government action violates the Establishment Clause. If a law fails any one 3 parts of the test, it is considered unconstitutional.

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. We read the case of Gregory Lee Johnson which burned an US flag during a protest and got arrested for it. It was a controversial point for the first amendment specifically for burning an US flag, becasue Johnson stated that he did it as a form of symbolic speech. Other laws were specifically designed after that act, called the Flag Protection Act, to avoid any further occurences.


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

It means that they are calling on the fifth ammendment, which protects individuals from self-incrimination, and that using that right cannot be used as evidence of guilt, even if the person refused to answer a direct question.

Natalya Rodriguez

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

      The Establishment Clause is part of the First Amendment and prevents the government from establishing an official religion or favoring one religion over another. It’s essentially meant to maintain the separation of church and state. The Lemon Test comes from the Supreme Court case Lemon v. Kurtzman (1971) and is a three-part test used to determine whether a government action violates the Establishment Clause. The test asks: (1) whether the government action has a secular purpose, (2) whether its primary effect either advances or inhibits religion, and (3) whether it fosters an excessive government entanglement with religion. If an action fails any part of this test, it’s considered unconstitutional.

    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 counts as symbolic speech, and the First Amendment protects it. Back in 1989, the Supreme Court decided in Texas v. Johnson that even if most people find flag burning offensive, it’s still a form of free expression. The government can’t just ban something because it upsets people or stirs up controversy.

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

     When someone says, “I’m taking the Fifth,” they’re using their right under the Fifth Amendment to stay silent and not answer questions that might get them in trouble. Basically, they don’t have to say anything in court if it could end up being used against them. It’s a way for people to protect themselves from saying something that could lead to their own prosecution.

Discussion Board 9.1 – Kayana Taylor

  1. The Establishment Clause of the First Amendment prevents the government from creating, supporting, or favoring any religion. It’s meant to maintain a separation between church and state, ensuring that individuals are free to practice any religion or none at all without government interference. The Supreme Court developed the Lemon Test in Lemon v. Kurtzman (1971) to decide whether a law or government action violates the Establishment Clause. For a law to be constitutional, it must meet three requirements: (1) it must have a secular, nonreligious purpose; (2) its primary effect must neither advance nor inhibit religion; and (3) it must not result in excessive government entanglement with religion. If a law fails any of these three parts, it’s considered unconstitutional under the Establishment Clause.
  2. Burning the U.S. flag is actually protected by the First Amendment as a form of symbolic speech. This was decided in the Supreme Court case Texas v. Johnson (1989), where the Court ruled that flag burning, when done as a form of political protest, is expressive conduct protected by the right to free speech. Even though the act may offend many people, the Court emphasized that the government cannot prohibit expression simply because it is unpopular or controversial.
  3. When someone says, “I’m taking the Fifth,” they are invoking their Fifth Amendment right against self-incrimination. This means a person cannot be forced to testify or answer questions that might make them admit to a crime. This right protects individuals during police interrogations and court proceedings. The case Miranda v. Arizona (1966) reinforced this right by requiring law enforcement to inform suspects of their right to remain silent and their right to an attorney before questioning them.

Discussion 9.1

  1. The Establishment clause prevents the government from creating or promoting a specific religion. It is meant to keep a clear separation between church and state so everyone’s beliefs are treated equally. The Lemon Test is used to check if a law violates this clause. It says a law must have a secular purpose, can’t promote or inhibit religion, and cannot cause excessive government involvement with religion.
  2. Burning the U.S flag is considered a form of symbolic speech that is protected under the First Amendment. The supreme court case “Texas V. Johnson (1989) ruled that even though it’s offensive to many, it still counts as political expression. The reading explains that freedom of expression protects actions that convey ideas or criticism toward the government, not just spoken or written words.
  3. When someone says they’re “taking the Fifth,” they’re using their right to avoid self incrimination under the Fifth Amendment. That means they do not have to answer questions that could be used against them in court. The reading also mentions a connection made to Miranda V. Arizona, which made it a rule for police to inform people of their right to remain silent before questioning.

Kyaw Thu Win CUNY ID: 24602397 Discussion Board 9.1

  1. The Establishment Clause means the government can’t make or support any religion. It keeps church and state separate. The Lemon Test is used by court to check if the government action break this rule or not. It has three steps. The law must have a non-religious purpose, it can’t help or hurt religion, and it can’t mix religion with government too much.
  2. Yes, burning the US flag is protected by the First Amendment. In the case Texas v. Johnson (1989), the Supreme Court said that it is a type of free speech. Even if many people don’t like it, it still count as expressing opinion and the government can’t punish for that.
  3. When someone says “I’m taking the Fifth,” it means they don’t want to answer a question because it might make them look guilty. The Fifth Amendment gives people the right to stay silent in that kind of situation. It protect them from saying something that can be used against them.

9.1

1.The Establishment Clause prevents Congress from creating a state-sponsored religion. What this means is that they cannot advocate for a certain religion and show favoritism. It goes against the First Amendment which is our freedom of religion. To help prevent this, the Lemon test was created. The Lemon test helps decide whether a law or act is religious promotion and whether it should be allowed based on three criteria. The first is that it must not include excessive entanglement between the government and religion. The second is it should not discourage, or encourage religious practice. The third is there must be a purpose to the act or law that does not have a religious reasoning or justification.

2. While the burning of the US flag was a controversial issue and many were and are still divided on it, it is protected under the First Amendment. In the case of Texas v. Johnson in 1989, the Supreme Court had ruled that the law condemning the burning of the US flag was unconstitutional.

3. When someone says they are taking the fifth, they are invoking their Fifth Amendment. The Fifth Amendment serves as legal protection. This means that they have the right to remain silent and not answer questions, lest they incriminate themselves.

Cherub A. – Discussion Board 9.1

1.The Establishment Clause is part of the First Amendment, which says that “Congress shall make no law respecting an establishment of religion.” This indicates that the government cannot help, advance, or financially promote any religion. It guarantees disunity between church and state so that citizens have the liberty to practice any religion, or none at all, without government intervention or interception.

2.Yes, burning the U.S. flag is secured under the First Amendment as a form of nonverbal speech. This was decided in the 1989 Supreme Court case Texas v. Johnson. The Court ruled that committing arson to the flag to express political protest is a form of free expression, and the government cannot block it simply because people find it offensive. The First Amendment secures not just spoken or written communications but also actions that convey a political message.

3.When someone says “I’m pleading the Fifth,” they are going back to their Fifth Amendment right against the act of making a statement or providing evidence that could implicate oneself in a crime. This shows that they have the right to remain silent and not answer questions that could be used against them in a criminal case. It’s often used in court or congressional hearings to avoid giving testimony that might lead to legal trouble. This right is part of the broader protections in the Bill of Rights that ensure fair treatment for people accused or suspected of crimes.