- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
In the reading it states that “Congress is prohibited from creating or promoting a state-sponsored religion” So to me this means that the government is not allow to make or advertise a religion for people to follow. The Lemon test came about due to the court hearing of Lemon Vs Kurtzman. The test consist of three criterias that has be satisfied before the law or the action is deemed constitutional. Within the criteria there must be a clear distinction between religion and government.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
According to the reading, the burning of the flag is not deemed unconstitutional and is protected by the first Amendment because it is seen as a form of symbolic speech. This decision came about during the Texas v Johnson case where Gregory Johnson decided to burn the flag during a protest near the Republican National Convention in Dallas, Texas. He was arrested and charged but then the Texas v Johnson hearing came about.
3. What does it mean when someone says “I’m taking the Fifth”?
When someone says “im taking the fifth” or ” I plead the fifth” this means that they refuse to answer any question or make any statement that can incriminate them in court.
