- 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”?
One thought on “Discussion Board 9.1”
Leave a Reply
You must be logged in to post a comment.
1. The Establishment Clause in the First Amendment prohibits the government from endorsing or supporting any religion, which ensures separation between church and state. The Lemon Test, established in the Supreme Court case Lemon v. Kurtzman (1971), determines if a law violates the Establishment Clause. The law must have a secular legislative purpose, not have the primary effect of advancing or inhibiting religion, and avoid excessive government entanglement with religion.
2. Burning the flag is protected by the First Amendment as a form of symbolic speech. This was established in the Supreme Court case Texas v. Johnson (1989), wherein the Court ruled that flag burning constitutes symbolic speech that is protected under the First Amendment.
3. When someone says, “I’m taking the Fifth,” they invoke their Fifth Amendment right against self-incrimination. This means they refuse to answer questions or provide information that could incriminate themselves in a legal proceeding.