Q #1: The establishment clause can be defined as the first amendment of the United States Constitution that bans Congress from establishing a state religion; it prevents any passage that gives or force the belief of anyone’s religion. The lemon test was executed by the government to conclude whether the clause was in violation or not.

Q #2: The first amendment does protect an American flags burning since it is deemed a freedom of speech which is protected by the first amendment.

Q #3: pleading the fifth associating to the fifth amendment translates to a person having the right to remain silent to avoid incriminating themselves without an attorney present as well as having the right to refuse counsel.

1- Because the government is supposed to remain neutral on religion, the Establishment Clause prohibits Congress from founding or sponsoring a religion. The Lemon Test bans the government from passing laws that could disturb the balance of religious freedom.

2-    Yes, flag burning is protected by the Constitution as a means of communication and freedom of speech. Having been presented, the Flag Protection Act was likewise rejected as unconstitutional.

3-   When anyone states they’re “taking the fifth,” they’re pointing to the privilege to invoke the Fifth Amendment, which offers protection from being compelled to testify against themselves. One of them takes the fifth when they refuse to answer any questions.

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

My understanding is that the “Establishment Clause” prohibits the establishment of religion created and sustained by congress. While the “Lemon Test” was founded to ensure any law making/passing that will cause a disturbance to freedom of religion.

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

The First Amendment protects the right of people to freedom of speech. So when Texas v. Johnson appeared in court for an action of burning the american flag and Gregory Lee Johnson was convicted for initially disrespecting a venerated object. However, the Supreme Court looked over his actions of burning the american flag, which was considered a form of symbolic speech since the First Amendment protected his actions of the “crime” he initially committed as a citizen’s right for free speech. Ultimately, it was decided that the Texas v. Johnson’s case was deemed unconstitutional and thus the federal government overruled the state court decision. Furthermore, Congress passed a federal law called The Flag Protection Act. 

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

This means that a citizen will have the right to keep silent if they feel their words will be jeopardize themselves. This is adopted from The Fifth Amendment, which protects an individual from self-incrimination.

1. The Establishment clause is a clause in the First Amendment of the U.S Constitution that forbids congress from establishing a state religion, it prevents any passage that gives or force the believe of anyone Religion. The lemon test was set up by the government to determine whether the clause is in violation.

2. The First Amendment protects the burning of flag because it is considered as freedom of speech which is protected by the first amendment.

3. Pleading or “taking the fifth” means that a person have the rights to remain silent as to not incriminate themselves.

1. The establishment clause is a law whereby the United States federal government is prevented from creating, supporting, or sponsoring any religion. The idea behind this logic is that a diverse group of people living in the country and supporting one religion will mean that other Americans who have chosen other religions are relegated to being second-class citizens. The US cannot operate under an official religion because people of other faiths will feel discriminated against for a different religion. To avoid citizens feeling that they have been relegated to second-class citizens because they belong to a religion that’s not official, America does not have an official faith.
2. The First Amendment indeed protects the burning of the US flag. The US flag is considered one of the great symbols of the country, and citizens must show patriotism, respect, and protection of the flag at any time. But the burning of that flag burning constitutes a form of “symbolic speech” that the First Amendment protects. The first Amendment condemns anyone who tries to destroy the US flag anyway and to burn the flag is considered a crime against the nation. As mentioned in the reading, “This court decision was strongly criticized, and Congress responded by passing a federal law, the Flag Protection Act, intended to overrule it; the act, too, was struck down as unconstitutional in 1990.
3. Taking the fifth means the United States citizen invokes the Fifth Amendment when the citizen is accused of committing a crime. This means that the citizen has the right to remain silent by not testifying in the court proceedings. If the citizen knows that his testimony can be used against them, they can choose to invoke the Fifth Amendment, protecting them from testifying. Under the Fifth Amendment, individuals cannot be forced to testify as they have already self-incriminated themselves by invoking the Fifth Amendment.

1.From what I have gathered and understood, the Establishment Clause, it prohibits for religion to be push on anyone and vise versa, allowing freedom of religion in this country. The lemon Test is to stand as action to deciding if a law or government action regarding religion, it should stay neutral.

2.Yes, the burning of the flag is protected by the First Amendment, it is seen as a freedom of speech, a way of expression. Although, the Flag Protection Act was brought up, it too was shut down, and ruled as unconstitutional.

3.This term refers to one expressing their right to not speak, share information or contribute to anything for example in a court appearance. This is to prevent self-incrimination, as if not expressed their runs a risk of admitting guilt or responsibility of a crime.

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

On my understanding, the establishment clause refers to the part of the first amendment from the US constitution which protect freedom of religion. It is an establishment that prevent government from imposing any religion for people. In other words, under this clause people have the freedom to practice any religion or/and believes and without government interference or involvement in setting law to directing people to follow certain religion. Also, it forbids the government from favoring one set of religions believes over others or favoring religion on its diversity over non-religion. This clause stands to respect and protect the diversity of religion in the country. The government set up what is known as lemon test to determine whether the establishment clause is violated or no. the lemon test is characterized by three rules including:

a.  The action or law must not lead to excessive government entanglement with religion.

b. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.

c. The action or law must have some secular purpose; there must be some non-religious justification for the law.

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

Flag is considered one of symbols of the nation and citizen must respect it and condemn anyone who try to harm it in any way and burning flag is considered a crime  . However, and based on what I understood from the reading the first amendment does not protect the burning flag since this act is considered as a freedom of expression which is protected by the first amendment as it is mentioned in the reading 9.1 “ in 1989, the Supreme Court decided in Texas v. Johnson that burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional”. It is understandable from this quote that the position of the court supreme by the virtue of applying and respecting the law demonstrates that the law applied to flag desecration is not considered constitutional which means it is not written in the constitution and burning flag is form of speech which is protected by the first amendment. However, this decision had been criticized by the congress leading into passing a federal law to protect the flag and strive to attempting to make a constitutional law that convict the flag desecration. As it mentioned in the reading, “This court decision was strongly criticized, and Congress responded by passing a federal law, the Flag Protection Act, intended to overrule it; the act, too, was struck down as unconstitutional in 1990.²⁵ Since then, Congress has attempted on several occasions to propose constitutional amendments allowing the states and federal government to re-criminalize flag desecration—to no avail.”

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

On my understanding, “I am taking the fifth” it is the famous phrase that refers to the clause afforded by the fifth amendment which protect the rights of being silent in the court rather than giving the testimony that could harm one’s self. It is known as the protection against self-incrimination whereby individuals are not forced to testify and /or respond in the court for the questions asked.   

1. The “Establishment Clause” forbids Congress from establishing and strengthen a state sponsor area. Courts utilize the lemon testing to evaluate whether government activity violates the first amendment’s establishment clause.

2. Yes, the act of burning the United States flag, which is allowed under the first amendment, was constitutionally permitted individual freedoms.Although, “In 1990  the Supreme Court reaffirmed Johnson by the same 5–4 majority in United States v. Eichman declaring  that flag burning was constitutionally protected free speech.

3. When someone says, “I’m taking the Fifth,” testify on the grounds that their testimony could incriminate them in a crime. Allow criminals to say anything they want without fear of getting caught. If they could incriminate themselves, they are not required to answer questions from a court.

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

The Congress is prohibited to create or support a religion under the Establishment Clause and the Lemon Test is also to prevent the government from passing a law that would break the balance of religious freedom, because the government is supposed to stay neutral on religion.

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

Yes, it was counted as constitutionally protected free speech, “ However, in 1989, the Supreme Court decided in Texas v. Johnson that burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional” (Reading 9.1). 

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

It means that people have the right to remain silent in front of the law enforcement officials, “This provision is so well known that we have a phrase for it: “taking the Fifth.” People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime” (Reading 9.2).