Destiny Balbi

  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.

  1. 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.

  1. 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.

Karina Huerta DB 9.1

  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.

DB 9.1

  1. The establishment clause is simply the restriction of having any type of religious establishment being sponsored by the state by prohibiting any type of law in relation to it. In relation to this, the lemon test also practices no correlation with religion, thus having a secular legislative purpose.
  2. The burning of the flag is protected by the first amendment because the supreme court decided that in the court case “Texas V Johnson”, that the burning of the flag is a form of symbolic speech.
  3. When someone says that they are “taking the fifth” or “plead the fifth”, they are simply saying that they have the right to remain silent.

Discussion Board 9.1

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