The Establishment Clause, one part of the First Amendment, establishes the principle of separation between the church, or any religious institution, and the state. In broader terms, it means that the government cannot create an official religion, nor adopt any. It means that the government cannot favor one religion over another or promote faith. The purpose of this clause is to protect religious freedom and governmental neutrality in all matters of religion. This is accomplished through the “Lemon Test” derived from the 1971 Supreme Court case Lemon v. Kurtzman. It consists of three criteria that determine if a government action violates the Establishment Clause and will be considered unconstitutional. 1. The law or action must have a secular purpose 2. The effect of the law or action must be neutral 3. The law or action must not lead to excessive involvement in religious institutions by the government.
Burning the US flag is protected by the 2nd part of the first Amendment, the freedom of speech. In 1984, a man named Gregory Lee Johnson burned an American flag in protest, after being arrested, convicted, and sentenced. However, in 1989, after an appeal was submitted, the Supreme Court ruled that burning the flag constituted a form of symbolic speech, a means of expressing political ideas, and was therefore protected by the First Amendment’s freedom of speech.
The phrase “I’m taking the fifth” or “I plead the fifth” directly applies to the Fifth Amendment of the U.S. Constitution, which entitles the rights of those suspected of a criminal offence. In this case, it specifically protects people from being forced to incriminate themselves. It means that people have a right not to answer questions or give over any evidence that carries an admission of their guilt.