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. 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.

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

Part of the First Amendment in the United States Constitution is that it protects religious freedom. One of the freedoms it protects is that the government is not allowed to force religious beliefs on its citizens. This is known as the establishment clause. This clause states that the country, as well as each state, is prohibited from having a universally sponsored religion. Initially the United States as well as several other countries, had a collective religion and belief system. However, many people who traveled to the United States were escaping religious persecution and were searching for a place to practice their religion in peace. Therefore, because of the religious diversity in the United States it was impossible to stick to one national religion.  

In America, most people practiced some type of Christianity with many of them being Protestant Christians. This didn’t bother the average citizen because the government vowed to keep away from their personal lives. However, there were some accounts of religious restrictions on Jewish people wanting to run for political office, and even some regarding their citizenship. In the nineteenth century, many people began to worry about a nationwide religion being established in the United States. Several Irish and Southern European immigrants moved in, and they were predominantly Catholic. Concerned that the new immigrants would be unable to adjust the United States passed laws that made sure that the government wouldn’t assist with religious schools. People who followed newer religions began to move to the United States including Mormons, Jehovah’s Witnesses, and Seventh-day Adventists whose practices conflicted with that of the Protestant church. Additionally, because the public school system was beginning to become popular, they incorporated Protestant teachings in the school curriculum. This would clash with the children who believed in different sects of Christianity. 

The establishment clause is different for us today because it not only prevents the country or state from having one set religion, but it outlaws the government from supporting one religion over another. For example, they cannot approve of Christianity but disprove of Catholicism, or disapprove of atheism because they prefer the teachings of God.  

In the year 1971 there was a case called Lemon v. Kurtzman, where the Supreme Court created the Lemon test to interpret if a law or other government practice had endorsed one religion over another. If it did, they would eventually determine if that law were to remain or if it should be removed and declared unconstitutional. The Lemon test has three conditions that must be met in order for the law to remain operational. The first condition is that the law cannot lead government and religion intertwining. There should be a noticeably clear and specific boundary between government and religion, and it should not require a lot of effort on behalf of the government. The second condition is that each law or practice can in no way hinder or promote any religious practices. It should always remain neutral when it comes to religion or its customs. Lastly, each law cannot have any connection with a religion. It must have a secular purpose and with no religious justifications involved. For example, a school or its staff cannot require a student to pray or study the bible in school because it’s an illegal display of religion and doesn’t separate church and state.  

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

Flag burning is essentially symbolic speech that is preserved and protected by the First Amendment of the constitution. This is a controversial topic because many people in America see the flag as something to be respected because it symbolizes the unification of our country. For this very reason there were several laws in the past that prevented the damaging, defacing, and disrespect of the American flag. However, many people discovered that burning the flag was the perfect way to illustrate their opposition on particular U.S. policies while collectively bringing attention to their cause.  

One person who decided to bring awareness to his cause by burning the flag was a man named Gregory Lee Johnson. He was a notable member of many anti-war and pro-communist groups in the early 1980s. In the year 1884, Johnson attended a protest near the Republican National Convention which was located in Dallas Texas. At this protest Johnson was spotted setting fire to an American flag that another protester had ripped down from a flagpole. He was subsequently arrested and charged with “desecration of a venerated object” and was later convicted of that crime. Nevertheless, in 1989, the Supreme Court ruled that burning the flag was equated to freedom of speech and therefore protected by the First Amendment. They found the law that convicted Johnson for desecrating the flag to be unconstitutional. People who were upset with this ruling tried to pass a law called the Flag Protection Act, which was their attempt to overrule this case. However, in 1990 the Supreme Court had also ruled this law unconstitutional. There have been several attempts since then to render flag burning illegal in both state and federal governments. All these attempts have failed.  

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

One of the most widely known stipulations of the Fifth Amendment is the defense against self-incrimination, or in other words “the right to remain silent.” People used the phrase “taking the Fifth” which usually means the refusal to answer questions, particularly in court, on the grounds that you may say things that will cause you to look guilty. For example, people have the right not to supply the court or law enforcement with evidence that may lay the blame on you for a crime. Furthermore, if that person refuses to testify in their own defense, the opposing side can’t use their statement as evidence of guilt or innocence. This stipulation in the Fifth Amendment became popular during the Miranda v. Arizona Supreme Court case in 1966. The suspects in this case believed they were obligated to be informed of their rights, including the right to remain silent, before a police interrogation. However, the law doesn’t necessarily state that law enforcement must inform suspects of their Miranda Rights before questioned in situations where they may come and go as they please.