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

The Establishment Clause in the First Amendment prevents the government from establishing or endorsing any religion, ensuring a separation between church and state. To guide legal interpretation of this clause, the Lemon Test was created in Lemon v. Kurtzman (1971), setting three criteria for a law or action related to religion: it must have a secular purpose, must neither advance nor inhibit religion, and must avoid excessive government entanglement with religion. If any of these criteria are not met, the law is likely 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 U.S. flag is protected by the First Amendment. This was affirmed in the 1989 Supreme Court case Texas v. Johnson. Gregory Lee Johnson burned a flag as part of a protest, and after being convicted under Texas law, he argued that his act was a form of symbolic speech. The Court agreed in a 5–4 decision, ruling that flag burning is protected by the First Amendment as expressive conduct, upholding the right to protest even if the expression is controversial or offensive.

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

When someone says, “I’m taking the Fifth,” they’re invoking the Fifth Amendment’s protection against self-incrimination. This means they are choosing not to answer questions or provide information that might suggest their own guilt in a crime. In court or under questioning, this allows individuals to refuse to testify if they believe their statements could be used to incriminate themselves.