- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause of the First Amendment forbids the government from passing any laws “respecting an establishment of religion.” This provision bars the government from not only making any particular religion its official religion but also from taking any steps that unjustly favor one religion over another. Additionally, it forbids the government from unjustifiably favoring one religion over another, or vice versa.In connection with this, the lemon test likewise has no religious connotations, serving a modern clear reason.
- 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 flag burning because, in the case of Texas v. Johnson, the supreme court determined that flag burning is a kind of symbolic communication.
- What does it mean when someone says “I’m taking the Fifth”?
This implies that you must keep quiet at all times until you can speak with a lawyer who can help you safeguard your legal rights. Even though you might be uneasy, you should say, “I’m taking the Fifth.” You should stop talking after saying this and keep your mouth shut.
