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

The establishment clause is a clause in a constitution that forbids Congress from inaugurating a state religion. The law blocks any from being passed against granting preferences to a particular religion. The lemon test remains a test used to determine the state actions that prohibit the Establishment clause of the Constitution First amendment. Besides, is it also a technique for ruling whether the state attempts t violate the liberty of expression of religion?

2-Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.

The burning of the flag is protected by the First Amendment and comprises a symbolic speech. An American flag in 1984 was burned where the “Republican National Convention” was occurring by Gregory Lee Johnson. Johnson was protesting the policies of Ronal Reagan, the president. After Johnson was arrested and charged, he appealed the case demonstrating that his action was a symbolic speech.  Justice William stated that flag burning was a kind of symbolic speech and protected by the First Amendment.

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

Am taking a fifth means that a person has refused to testify against oneself according to rights definite by the Fifth Amendment.

Leave a Reply