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

The Establishment Clause, a key part of the First Amendment, bans the government from establishing an official faith or favoring one over another. In order to determine whether a government action undermines the Establishment Clause, the Lemon Test was created in the Supreme Court decision Lemon v. Kurtzman (1971). The three pillars of the criteria are that the activity must be secular in nature its main effect must not be for or against religion, and it must not lead to an excessive amount of government involvement with religion. The action is prohibited if any of the the prongs are broken. Even though it is sometimes challenged and used inconsistently, the Lemon Test is however widely used.

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

-Yes, the First Amendment protects burning the American flag. In Texas v. Johnson (1989), the Supreme Court decided that burning flags is First Amendment-protected symbolic expression. According to the Court, a government cannot restrict the expression of a thought only because it is considered unpleasant or distasteful by society. In United States v. Eichman, this ruling was confirmed, overturning federal legislation that banned flag burning.

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

-When someone says, “I’m taking the Fifth,” they are using their right under the Fifth Amendment to the United States Constitution to refuse to answer questions that may convict them. People frequently refer to this as “pleading the Fifth.” It defends people from being pressured into testifying against themselves in court. In judicial settings such courtrooms or police interrogations, the phrase is often used. It suggests that the person in question has decided to keep quiet in order to prevent being accused.