Discussion Board 9.1 – Divya Bajwa

  • The Establishment Clause is part of the First Amendment. It means the government cannot set up an official religion or show favoritism to any religion. The Lemon Test came from the Supreme Court case Lemon v. Kurtzman (1971). It helps decide if a government action breaks this rule. The test says a law must have a non-religious purpose, must not help or hurt any religion, and must not involve the government too much with religion.
  • Burning the U.S. flag is protected by the First Amendment. In the case Texas v. Johnson (1989), the Supreme Court said that flag burning is a form of free speech. Even though many people find it offensive, it is still protected because it expresses an opinion.
  • When someone says “I’m taking the Fifth,” it means they are using their right under the Fifth Amendment to stay silent. They don’t have to answer questions if doing so could make them look guilty of a crime.

Discussion Board 9.1 Hailey Hilario

The Establishment Clause prevents the government from creating, supporting, or favoring any religion. The Lemon Test says a law is unconstitutional if it lacks a secular purpose, has a primary effect of promoting/inhibiting religion, or causes excessive government involvement with religion.

Yes, burning the U.S. flag is protected by the First Amendment as symbolic speech. The Supreme Court ruled that the government cannot punish someone for flag burning just because others find it offensive.

Saying “I’m taking the Fifth” means a person is using the Fifth Amendment right to remain silent. They do not have to answer questions that could make them appear guilty or incriminate themselves.

Edith Veliz- Discussion Board 9.1

  1. I understand the Establishment Clause as a limitation in the First Amendment that prevents the government from creating a religion everyone has to practice or just favoring one specific religion over any other . For example , in the reading “4.2 Securing Basic Freedoms” it states  “The first of these two freedoms is known as the establishment clause. Congress is prohibited from creating or promoting a state-sponsored religion (this now includes the states too)”. This quote from the reading shows that the overall use of the Establishment Clause was to prevent the people from being forced into a specific religion by the government. The Lemon Test was a legal standard that was used to determine if a government action violated the Establishment Clause and promoted a religious practice over another. This is also supported in the text when it states “In a 1971 case known as Lemon v. Kurtzman, the Supreme Court established the Lemon test for deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand”. This overall describes exactly what the Lemon Test was used for and its relation to the Establishment Clause.
  1. Burning the US flag is protected by the First Amendment because it is a form of symbolic speech. The court case that decided this is known as Texas v. Johnson where the Supreme Court ruled the burning of the flag as a form of political protest. The Court’s decision was made based on the principle that the government can’t forbid someone’s expression towards something simply because everyone else finds it offensive or doesn’t exactly agree with it. For example, in the reading “4.2 Securing Basic Freedoms” it states “the Constitution protects most forms of offensive and unpopular expression, particularly political speech; however, incitement of a criminal act, “fighting words,” and genuine threats are not protected .” This shows that the government can’t forbid any form of expression unless it is violent or incriminating.
  1. When someone says they’re taking the Fifth this means that they won’t be speaking on the situation to avoid accidentally incriminating themselves. The Fifth Amendment is mostly famous for the right to remain silent to protect against self-incrimination. For example, in the reading “4.3 The Rights of Suspects” it states “ the most famous provision of the Fifth Amendment is its protection against self-incrimination, or the right to remain silent. This provision is so well known that we have a phrase for it: ‘taking the Fifth’”. This shows that when someone says they’re taking the fifth it simply means they will be practicing their right to remain silent.

Discussion Board 9.1 Kyaw Thu Win CUNY ID: 24602397 Course: POL 100 – American Government (0501) Professor: Arto ArtinianDate

  1. Describe how you understand the “Establishment Clause” and the related “Lemon Test.”
    The Establishment Clause is part of the First Amendment, and it means that the government cannot create or support any official religion. It helps to keep religion and government separate so everyone can believe in what they want. The Lemon Test came from a Supreme Court case called Lemon v. Kurtzman (1971). The Court made this test to decide if a law goes against the Establishment Clause. It says that a law must have a non-religious purpose, it cannot help or harm any religion, and it should not make the government too involved in religion. If a law fails any of these points, it is not allowed. Basically, the Lemon Test is used to make sure that the government treats all religions equally and does not favor one.
  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. In the case Texas v. Johnson (1989), the Supreme Court decided that burning the flag is a form of symbolic speech. The person in this case, Gregory Johnson, burned the flag to protest against the government. Some people were very angry about it, but the Court said that freedom of speech also includes actions that express political ideas. Even if people find it offensive, it is still protected because it is a form of expression. This shows that the First Amendment protects not only popular opinions but also unpopular ones, as long as they are peaceful.
  3. What does it mean when someone says “I’m taking the Fifth”?
    When someone says “I’m taking the Fifth,” they are using their right from the Fifth Amendment, which protects people from being forced to say something that could make them guilty. It means they choose not to answer questions that might be used against them in court. This is called the right against self-incrimination. In Miranda v. Arizona (1966), the Supreme Court said police must tell people about their rights when they are arrested. That’s where the famous “Miranda rights” come from, like the right to remain silent and the right to have a lawyer. So, when people say “I’m taking the Fifth,” they are just using their legal right to stay silent and protect themselves.

Discussion board 9.1

  1. The First Amendment’s Establishment Clause says that the government can’t make or support any religion. This means that government officials and public schools can’t force people to follow or believe in a certain religion. The Supreme Court made the Lemon Test in Lemon v. Kurtzman (1971) to help people figure out if a law or action breaks that rule. The law must not have a religious purpose, it must not help or hurt religion, and it must not get the government too involved with religion. It’s not allowed if it doesn’t pass any of those. This is important because it makes sure that everyone is treated fairly, no matter what they believe.
  2. The First Amendment protects the right to burn the U.S. flag. In 1989, the Supreme Court case Texas v. Johnson made this decision. In that case, Gregory Lee Johnson set fire to an American flag during a protest and was arrested. The Court, on the other hand, said that what he did was a form of symbolic speech, which means it was a way to say what he thought without using words. The Court said that the First Amendment protects the right to say things that are unpopular or controversial, even if a lot of people thought it was wrong. The government can’t punish someone just because their message makes other people uncomfortable. This case shows that free speech includes actions as well as words. To protect that freedom, people should be able to speak out, even if it means going against national symbols.
  3. When someone says “I’m taking the Fifth,” they are using their Fifth Amendment right to stay quiet and not answer questions that could make them look guilty, they are just making the decision to stay quiet. It’s a way to keep yourself from saying something that could get you in trouble, especially in court. The Supreme Court case Miranda v. Arizona made this right clear by saying that people must be told they have the right to remain silent when they are arrested. When someone says “I’m taking the Fifth,” it doesn’t mean they are guilty; it just means they don’t want to say anything that could be used against them in court.

Discussion Board 9.1

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

The “Establishment Clause” was apart of the first amendment (U.S constitution) can’t establish any religion or preferably favor one over the other. This includes schools, courts, any government working jobs can’t force people to follow ay religious aspects. And as for the “Lemon Test” it comes from the Lemon v Kurtzman it helps letting us know if the government is violating the Establishment Clause. They have 3 criteria that help support this law.

1. The action or law must not lead to excessive government entanglement with religion; in other words, policing the boundary between government and religion should be relatively straightforward and not require extensive effort by the government.

2. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.

3. The action or law must have some secular purpose; there must be some non-religious justification for the law.

  1. 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 is protected by the First amendment. It is used as a symbolic “freedom of speech”. It is used as an act of protesting. Some people see the flag as powerful nation which shows unity, freedom, and pride like how the Britain’s respect their kings and queens. Both the US and Great Britain have a federal government where they believe they should protect their flags from being treated disrespected. But many like us in the U.S use this as an act of disagreement. We burn, destroy, tear any form to share our opinions and make it known to others we don’t agree with their message.

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

When someone says “I’m taking the Fifth” it means they are talking about the 5th amendment of the US constitution. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” This protects the people from self-incrimination. This means they cant say something that could be used against them in court. This helps people from the pressure of being forced to “confessed.”

Discussion Board 9.1 – Katherine Hernandez

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

The Establishment Clause is part of the First Amendment, and it means that the government can’t create or favor any religion. It keeps a wall between church and state, so no one religion gets special treatment or power. The “Lemon Test” came from a Supreme Court case called Lemon v. Kurtzman. It’s a way for courts to decide or test if a law involving religion is okay or not. For a law to pass the test, it must meet three rules: it needs to have a clear, non-religious , it can’t help or hurt religion, and it can’t create too much connection between government and religion. If a law fails any of those parts, it violates the Establishment Clause.


2. Burning the U.S. flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.

Yes, burning the U.S. flag is protected by the First Amendment. The Supreme Court decided this in Texas v. Johnson. Even though a lot of people see flag burning as offensive or disrespectful, the Court said it counts as symbolic speech. Basically seen as a way to express an opinion without using words. The First Amendment protects freedom of expression, even if it makes others upset or uncomfortable. So, in this case, the Court ruled that punishing someone for burning the flag goes against the right to free speech.


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

When someone says, “I’m taking the Fifth,” usually referring to their Fifth Amendment right to stay silent so they don’t accidentally say something that could be used against them. The Fifth Amendment protects people from self-incrimination. Basically, it’s a way to protect your rights in court if you’re being questioned or accused of a crime.

DB # 9.1

1.    The establishment clause is part of the first amendment which means that the government cannot create, support, or favor any religion. This is meant to keep a clear separation between the state and the church. The lemon test helps the side if a law violates the establishment cause. This test has three parts which include: the law must have a non-religious purpose, it cannot be used to promote or limit any religion, and it should not cause major involvement between government and religion. It would be considered unconstitutional to fail the lemon test.

2.    The first amendment protects burning the US flag as a form of free speech. In the Texas versus Johnson case of 1989 Gregory Lee Johnson burned an American flag as a form of protest and although people found it disrespectful, the Supreme Court believed that it was protected expression because it is a part of political speech.

3.    “I’m taking the Fifth” refers to an individual using their fifth amendment to stay quiet so they do not say anything that could be used against them. This means that they do not have to answer any questions or testify if it would make them look guilty or cause legal trouble for themselves.

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”?