Establishment Clause- Congress is prohibited from creating or promoting a state-sponsored religion. It also forbids the government from favoring one religion over the other or favoring religion over non-religion.
Lemon test- is to help decide whether a law, or a government action that might promote a particular religious practice should be allowed to stand. The 3 criteria are: 1. The actions or law must not lead to excessive government entanglement with religious. 2. The actions 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 law.
The burning of the flag was seen as unconstitutional and the desecration of the flag was seen as a federal offense all the way until 1889, the supreme court decided in the Texas v. Johnson case that burning of the flag was a form of symbolic speech protected by the first amendment and found the law, as applied to flag desecration to be unconstitutional. In 1990, the flag protected act intended to overrule it, congress attempts to recriminalize flag burning has been ignored.
When someone takes, or pleads the fifth, they take the right to refuse to answer any questions, or provide notable evidence, which is allowed by the fifth amendement.