The Establishment Clause is the clause which seeks to limit the extent to which the government is involved in religion. First, it bars the government from establishing or imposing a state religion. Second, it prohibits the government from favoring any religion over another. Related to the Establishment Clause is the “Lemon Test,” is used to specifically determine if a law is in line with the establishment clause. It does this by affirming the following three points: 1- the law must have a legitimate secular purpose, 2- the primary effect of the law does nothing to hinder or enhance religion, and 3- the law would involve minimal participation from the government to enforce.
Flag Burning is protected by the First Amendment. After Gregory Lee Johnson was convicted for burning the flag in Texas, his case was taken up by the Supreme Court who determined the conviction was unconstitutional. Additional laws passed to criminalize flag burning have also been deemed unconstitutional.
When somebody says they’re “taking the fifth,” they are referring to their right to invoke the 5th amendment, which protects citizens from self incrimination. One takes the fifth when they refuse to answer any questions.