Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause prohibits the United States government from establishing or sponsoring any religion. This also prohibits states as well from establishing and form of religion. The Lemon Test was established by the supreme court and came out of the 1971 court case Lemon v. Kurtzman. This asses if government activity violates the Establishment Clause and its asses three criteria’s in which the government can assist in religion. The government can only assist if the purpose is not based on religion, the reasons should be neutral, religion and government should not be entangle and there should be straight forward boundaries.
Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
The burning of the US flag is protected by the First Amendment’s freedom of speech, press, and the right to petition the government. In the case Texas v. Johnson the court ruled that Gregory Lee Johnson’s burning of the flag was a form of symbolic speech and was protected by the First Amendment. Burning the flag is covered under freedom of speech and the government can not criminalize a person for expressing an idea because it is offensive to others.
What does it mean when someone says “I’m taking the Fifth”?
“I’m taking the Fifth” protects those from self incrimination. Individuals do not have to give evidence to officials that might “constitute admission of guilt”. “I’m taking the Fifth” means that an individuals can stay silent or refuse to answer questions that could lead them in taking responsibility of a crime.