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

Establishment clause is a clause in the First Amendment of the US Constitution. This clause prohibits the government from favoring a specific religion over another one. Also the US government must be neutral which means that they have to respect the citizens religion beliefs and they cannot imposed an official religion to the Citizens of the US. Additionally, relating to this clause, in the 1971 case of Lemon vs Kurtzman, the U.S. Supreme Court heard arguments as to whether the state should support a program that would provide aide to religious schools. In determining whether the government could give aid to an educational institution operated by a religious entity, the court applied a test of three parts known as the Lemon Test. This test includes first, the law or action of the government must be secular or non religious. Second, the primary goal of the action should not have the effect of growing any religious entity. And third, a law established by the government should not link it to any sort of religion.

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

Freedom of Expression clause is found in the First Amendment to the US constitution. The Supreme Court’s rulings on free expression became more liberal in 1960. The Court found that symbolic expression, must be protected as part of freedom of speech. However, in the US individuals, burn flag as a sign of discontent and claim while this last one is qualified as flag desecrating by the government policies, and punishable. in 1989, the Supreme Court decided in Texas v. Johnson that burning the flag was a form of expressive conduct, showing people dissatisfaction with unfair government policies. According to the Supreme Court this last one is protected by the First Amendment and it found the law about flag desecration, to be unconstitutional.

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

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings.  In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids double jeopardy, and protects against self-incrimination. When someone says “I’m taking the Fifth” they invokes that right and refuses to answer questions or provide information that might incriminate them. When an individual takes the Fifth, their silence or refusal to answer questions cannot be used against them in a criminal case.