1. The Establishment Clause of the First Amendment to the United States Constitution forbids the US government from establishing a national religion or preferring one religion over another. To determine whether a law or governmental action violates the above clause, the Supreme Court devised what has come to be known as the “Lemon Test” in its decision Lemon v. Kurtzman, 403 US 602 (1971). It is three-pronged: it provides a test of a valid secular purpose of the law, a test of a primary effect that does not advance or inhibit religion, and a test of no excessive government entanglement with religion. Any one of these being violated may render an action unconstitutional, thus supporting the argument of separation of church and state.
2. Yes, flag burning of the U.S. under the First Amendment was protected in the Supreme
   Court case Texas v. Johnson, 1989. The Court here ruled that the burning of the flag was
   a symbolic speech that was accorded full protection under the First Amendment. The Court reiterated that any prohibition of expression by the government can’t be because it is offensive or disagreeable. The ruling underlined the principle that the First Amendment protects not just popular speech but also forms of expression that might provoke strong reactions, thereby reinforcing the importance of free speech in a democratic society.
3. The Fifth Amendment protects a person from having to answer any questions that might involve him or her in a crime. Hence, when anybody says, “I’m taking the Fifth,” he is invoking the right not to say or disclose anything that may incriminate him in court. The term is used primarily in a legal context but has passed into common usage to refer to a refusal to provide information.

1. The Establishment Clause is a part of the First Amendment that states that the government can’t establish an official religion or favor one religion over another. The Lemon Test is a way for courts to decide if a law violates this clause.
2. Burning the US flag is protected by the First Amendment. This was established in the Supreme Court case Texas v. Johnson. The Court ruled that flag burning is a form of free speech, despite many people finding it disrespectful. The idea is that the First Amendment protects all types of free speech no matter who it offends.
3. When someone says “I’m taking the Fifth,” they mean they are refusing to answer questions that might incriminate them. It’s a way to protect their rights and avoid self-incrimination under the 5th amendment.

1. The Establishment Clause within the First Amendment forbids the federal government from favoring or backing any specific religion, thereby maintaining a clear distinction between religious institutions and the government. The Lemon Test, developed through the Supreme Court case Lemon v. Kurtzman (1971), is used to assess whether a law breaches the Establishment Clause. According to this test, a law must serve a secular legislative purpose, not primarily promote or hinder religion, and not excessively involve the government in religious matters.

2. The act of burning the flag is safeguarded by the First Amendment as a type of symbolic expression. This principle was solidified in the Supreme Court case Texas v. Johnson (1989), where the Court declared that flag burning is considered symbolic expression that is entitled to protection under the First Amendment.

3. When an individual declares, “I’m taking the Fifth,” they are exercising their Fifth Amendment right to avoid self-incrimination. This entails that they decline to answer questions or disclose information that might lead to their own prosecution in a legal case.

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”?