- The Lemon test is a three-part test that the Supreme Court uses to determine whether a law violates the establishment clause of the first amendment which says that congress shall make no law respecting an establishment of religion or prohibiting the free exercise. The three parts of the Lemon test are that law must have a secular purpose, the law’s principal or primary purpose can neither advance nor inhibit religion and the government may not be excessively entangled in religion.
2. According to the reading, burning the US flag was constitutes a form of “symbolic speech” that is protected by the First Amendment. This is supported by a precedent Supreme Court case Texas v. Johnson. The majority noted that freedom of speech protects actions that society may find very offensive, but society’s outrage alone is not justification for suppressing free speech. In particular, the majority noted that the Texas law discriminated against viewpoint although the law punished actions, such as flag burning, that might arouse anger in others, it specifically exempted from prosecution actions that were respectful of venerated objects burning and burying a worn-out flag. The majority said that the government could not discriminate in this manner based solely upon viewpoint.
3. “Taking the fifth” refers to The Fifth Amendment to the constitution of the USA regarding private property states that no one should be deprived of property without due process of law; Nor shall private property be taken for public use without just compensation.” This amendment provided exclusive economic rights to the private property owner. In case the government acquired the property for military bases, and so forth, courts must estimate the fair value of the property to be paid to the owners.