1. Establishment Clause and the Lemon Test

The Establishment Clause is part of the First Amendment and prevents the government from establishing an official religion or favoring one religion over another. The “Lemon Test” comes from the Supreme Court case Lemon v. Kurtzman (1971) and is used to determine whether a law violates this clause. It has three parts: (1) the law must have a secular purpose, (2) it must not advance or inhibit religion, and (3) it must not create excessive government entanglement with religion. If a law fails any of these criteria, it is unconstitutional under the Establishment Clause.

2. Flag Burning and the First Amendment

Burning the U.S. flag is considered protected speech under the First Amendment, as established in Texas v. Johnson (1989). In this case, the Supreme Court ruled that flag burning is a form of symbolic speech and that the government cannot prohibit it simply because it is offensive. The decision emphasized that the First Amendment protects even controversial or unpopular expressions, reinforcing the principle of free speech.

3. Meaning of “Taking the Fifth”

When someone says, “I’m taking the Fifth,” they are invoking their Fifth Amendment right against self-incrimination. This means they refuse to answer a question, often in a legal setting, because their response could be used as evidence against them in a criminal case. The Fifth Amendment protects individuals from being forced to testify against themselves, ensuring fairness in legal proceedings.[