- Describe how you understand the “Establishment Clause” and the related “Lemon Test”. My understanding of the establishment clause is that congress is prohibited from creating or promoting a state-sponsored religion. This establishment also forbids the government from favoring one set of religious beliefs over others or favoring religion over non-religion. This is related to the lemon test since it is used for deciding whether a law or other government might promote a particular religious practice and if it should be allowed.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading. Yes according to the reading burning the US flag is protected by the first amendment it states,” However in 1989 the supreme court decided in texas v. Johnson that burning the flag was a form of symbolic speech protected by the first amendment.”
- What does it mean when someone says “I’m taking the Fifth”?
What it means by I’m taking a fifth is related to the fifth amendment and it’s the protection against self-incrimination or the right to remain silent. This means that a person does not have to give any evidence in court or to officers that may be used against them in a crime.
