1-. The courts use the lemon test that is a three part test that determines if a law violates the establishment clause . The three  parts are  1. The law must have a purpose , 2. The primary effect of the law must be neither to advance nor to inhibit religion and finally . 3. The law must not result in a entanglement of government and religion 

2-. In the 1989 case of Texas vs  Johnson the court ruled that the burning of a flag is a form of symbolic speech and it is protected by the first amendment so the burning of the US flag is protected by the first amendment

3-. I’m taking the fifth means that I will stay silent and refuse to answer any questions until I am with my lawyer.  

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

The Lemon Test is a three-part test used by the courts to determine whether a law violates the Establishment Clause. The test has three parts: 1) the law must have a secular purpose; 2) the primary effect of the law must be neither to advance nor to inhibit religion; and 3) the law must not result in an excessive entanglement of government and religion.

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

The Supreme Court has held that the burning of the American flag is protected by the First Amendment as a form of symbolic speech. In the 1989 case of Texas v. Johnson, the Court ruled that the burning of the flag is a form of “symbolic speech” that is protected by the First Amendment.

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

it means  there silence or refusal to answer questions cannot be used against them in a criminal case

Veronica Gonzalez

POL 100 (0504) – Intro. to American Govt. – Fall 2022

Discussion Board 9.1

Q1.  My understanding with regards to the “Establishment Clause” and the related “Lemon Test” is that both are directed towards not allowing the government to impose a set (specific) religious belief on its citizens but at the same time allowing the government to take a neutral, non-favoring stance with one religion or belief. This sentiment of not being in support of yet not being against creates in certain instances an atmosphere of double mindedness and instability from our government.  

Q2. The burning of the US flag is protected by the First Amendment which states that the government can not “abridge the freedom of speech.” In Klan, Brandenburg v. Ohio, not only did the Supreme Court rule that speech or written communication could not be suppressed unless proven to “incite imminent lawless action, an illegal act in the immediate future.”,  but also permitted that different forms of freedom of expression such as symbolic speech were allowed.

In Texas v. Johnson, the Supreme Court further confirmed that flag burning was allowed under the freedom of symbolic speech expression, which is protected by the First Amendment.
            Q3. When a person states that they are “taking the Fifth” they are basically saying that they are exercising their right to not self-incriminate by, supplying evidence to law enforcement or in court proceedings, that can be seen as their admission of guilt or implication that they are responsible of the crime they are being accused of. The individual being accused in essence remains silent.

1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
3. What does it mean when someone says “I’m taking the Fifth”?