- The establishment Clause is an establishment made by the government that they can never establish a specific religion citizen would have to follow. At the same time, the lemon test is a breakdown of specifics involving Church and state. Meaning whatever your church requires or does on a daily must meet specific legal requirements and must not be illegal.
2. It is protected by the first amendment, its a figure of speech and in America we have free speech to a certain extent (maybe not so much now). This was decided in Texas V. Johnson, where Johnson burned an American flag in revolt against Ronald Raegan. In his defense Raegan had some iffy moments I believe.
3. This means someone that could give the answer to something choses not to give that information out. In the FIFTH amendment it states the government cannot force you to give out criminal evidence about yourself, it is your choice to do so. So pleading the fifth means you chose not to. In one sentence to sum up it means you CHOOSE not to speak.
