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

In Thomas Jefferson’s words, the establishment clause is “a wall of separation between church and state.” Though the United States has not officially established a religion, most importantly because they did not want to have the same complications as the countries in Europe. The Lemon Test was a result of ensuring that there was not “too much government entanglement with religion”. The court established criteria to follow when something of the matter occurred/how to go about a law that would lead to such “entanglement”. The Lemon Test is as followed:

1. The action or law must not lead to excessive government entanglement with religion; in other words, policing the boundary between government and religion should be relatively straightforward and not require extensive effort by the government.

2. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.

3. The action or law must have some secular purpose; there must be some non-religious justification for the law.

(https://openstax.org/books/american-government-2e/pages/4-2-securing-basic-freedoms)

This criterion ensures that a law or action is constitutional and can remain in effect.

1. 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 and will continue to be. Though the United States Flag has symbolic meaning to many American citizens, it is not a destruction of government property or any particular property. It doesn’t violate any law that consists of a particular type of violation. If Johnson attacked the white house as a means to demonstrate his message that’d be something completely different. Something like burning a flag does not cause harm or put people in harm. Feelings might be offended but all in all his act was symbolic and thus protected by the first amendment.

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

Taking the fifth gives you the opportunity to remain silent until you’ve had a legal consultant that can advise you of and secure your rights. This is all a good way to avoid self-incrimination. As the text stated

“People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime. Moreover, in a criminal trial, if someone does not testify in his or her own defense, the prosecution cannot use that failure to testify as evidence of guilt or imply that an innocent person would testify.”

https://openstax.org/books/american-government-2e/pages/4-3-the-rights-of-suspects

1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
   1. 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.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
   1. 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.
3. What does it mean when someone says “I’m taking the Fifth”?
   1. “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.

1. The Establishment Clause is one of the freedoms dictated in the First Amendment. It guarantees the lack of an official government religion in the United States, as well as any government imposition of religion. The Lemon Test was established by the Supreme Court in 1971 to decide wether a law of government action promotes a particular religion or religious practice. If the law or action is determined to not fit the criteria laid out in the test’s three steps, it is struck down.

2. Burning the United States flag is protected by the constitution, as declared by the Supreme Court in 1989. Simply put, it is a form of symbolic speech and protest. A petition for the government to make right some internal corruption or injustice. If the person is burning the flag to incite violence against government officials, then they could be tried for incited violence. But the belief that somehow the desecration of any “venerated object” is itself unconstitutional. Peaceful protest is protected under the Constitution. Burning one’s own property peacefully and without risk to others should not be punished.

3. To “take the fifth” means to exercise one’s right against self-incrimination, which is granted in the Fifth Amendment (hence “fifth”). Every citizen, in court or in the face of law enforcement, is guaranteed to right to not give evidence that could lead to admission of guilt or responsibility for a crime.

1. No. The government cannot force one specific religion onto the country.  The lemon head test is when the government does not fund or give to the churches because by doing this the government agrees with this particular religion. Also, that is why the cost of religious school is so high.
2. Regarding the court case of burning the flag, Mr. Gregory was charged and convicted, however in 1989 it was overturned because the court realized it was Mr. Gregory’s first amendment freedom of speech, and until now each time they want to pass the law the judge throws it out.
3. Whenever someone says they are taking the fifth whatever they say something it will use against them in court as a piece of evidence.

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

The Establishment Clause of the First Amendment forbids the government from passing any laws “respecting an establishment of religion.” This provision bars the government from not only making any particular religion its official religion but also from taking any steps that unjustly favor one religion over another. Additionally, it forbids the government from unjustifiably favoring one religion over another, or vice versa.In connection with this, the lemon test likewise has no religious connotations, serving a modern clear reason.

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

The first amendment protects flag burning because, in the case of Texas v. Johnson, the supreme court determined that flag burning is a kind of symbolic communication.

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

This implies that you must keep quiet at all times until you can speak with a lawyer who can help you safeguard your legal rights. Even though you might be uneasy, you should say, “I’m taking the Fifth.” You should stop talking after saying this and keep your mouth shut.

1. 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.
2. 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.”
3. 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.

1. The establishment clause stops the states from having an empowered religion, in other words, the establishment clause gives all religions a chance to succeed and to thrive. The government can not say that there has to be one religion that everyone (the citizens) should follow. The lemon test is essentially determining whether a rule or other government action that might encourage a certain religious practice should be permitted to stand.

2. According to Texas v. Johnson, burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional. This demonstrates that burning the US flag is protected by the first amendment. 
3. When someone says “I’m taking the fifth”, it means that they have the right not to give proof in court or to law enforcement officers that might include an admission of blame or responsibility for a crime. The most well-known provision of the Fifth Amendment is its defense against self-incrimination, or the right to remain silent.

1. The establishment clause prohibits federal or state government from creating or promoting a state sponsored religion. It also prohibits them from favoring religion or non-religion. The Lemon Test is a list of three criteria’s that must be meet for a law or action to be found constitutional and remain in effect.
2. Burning the US flag is protected by the first amendment. In 1989 the Supreme Court decided that burning the flag was a form of symbolic speech protected by the First Amendment. The case that leads to this ruling was Texas v. Johnson.
3. When someone says “I’m taking the Fifth” what they mean is that they are choosing not to give evidence in court or law enforcement officials that might constitute an admissions of guilt.

1.) The First Amendment is considered to be quite “famous,” it is not only the very first of it’s kind to be made for the Bill of Rights, but it also withholds a fundamental liberty that is important to the country’s citizens. It served the purpose of ensuring that there would be protection for religious freedom and right to express your perspective in public. Considering that it instilled various things, it was broken into two parts for better comprehension. One of those parts is called “Establishment clause,” where Congress is prohibited from creating or promoting their own religion, or a “state-sponsored religion.” Thus, the “Lemon Test” was established by the Supreme Court, it was made from the case known as Lemon v. Kurtzman. This would be used for deciding whether or not a law or a government action that could possibly develop a particular religious practice should be allowed to stay. The Lemon Test evaluates a law or action by using three components and if it were to pass all three, it would be considered as constitutional and remain in effect.

2.) The action of burning the U.S. flag as “freedom of expression” became a controversial debate amongst many citizens. A country’s flag is supposed to serve as a symbol of unification and its sole identity. Gregory Lee Johnson was a man who participated in such an act because he was part of a protest. Many citizens would burn the flag for many reasons, one in particular was to share the distaste for the government’s policies. Despite being arrested and charged with “desecration of a venerated object” for the burning of the flag, it was deemed as unconstitutional. For example, according to the “MILESTONE” segment, paragraph 2 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 and found the law, as applied to flag desecration, to be unconstitutional.” This quote from the text shares how the First Amendment protected Johnson’s action of burning the U.S. flag. There were many efforts made by Congress in an effort to solidify this action as unconstitutional but it never became a reality because it went against what the First Amendment stood for. Johnson was released and not charged for the “crime” that he was accused of.

3.) When someone says “I’m taking the Fifth,” this is referring to the Fifth Amendment’s protection against self-incrimination or the right to remain silent. An individual has the right to not give any evidence within court or to a law enforcement official so that they are not deemed as guilty or responsible for the accused crime.

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.