1.Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The establishment clause of the First Amendment prevents the government to establish an “official religion.” Having an established official religion could lead to religious persecution and discrimination. The Lemon Test named after the Supreme Court case Lemon v. Kurtzman. The Lemon Test is used to test out if a government activity or legislative action violates the establishment clause. Activities such as prayers or funding religious schools.
2.Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Burning the US flag is protected by the First Amendment as a form of free speech. This is supported by a precedented Supreme Court case Texas v. Johnson.
3.What does it mean when someone says “I’m taking the Fifth”?
“Taking the Fifth” is referring to invoke one’s Fifth Amendments right to remain silent against self-incrimination. This phase is often used when encountering with law enforcement agents during Interrogation of any sort. Because any information that a person said can be used against him in the court therefore the Fifth Amendment is a strong tool for self-protection. Also refuse to provide testimony can not be used against the suspect in the court.