- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause blocks Congress from creating or promoting a state-sponsored religion, which now includes the states. It also stops the government from favoring one set of religious beliefs over another, or religion over non-religion. The Lemon v. Kurtzman Supreme Court case (1971) created the Lemon Test, which chooses whether a law or government action that promotes a specific religious practice should be allowed.
To be constitutional, a law must meet three requirements:
It must not result in excessive government involvement with religion. It should be neutral and neither prevent nor promote religious practice. The action or law must have a secular or non-religious justification.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Yes, burning the United States flag is a type of symbolic speech protected by the First Amendment. Gregory Lee Johnson burned a flag in protest at the 1984 Republican National Convention in Texas. He was taken into custody for the crime of “desecration of a venerated object,” but the Supreme Court overturned his verdict. The Court determined that flag burning is a form of expression which is protected by the First Amendment.
3.What does it mean when someone says “I’m taking the Fifth”?
When someone says, “I’m taking the Fifth,” they mean their right under the Fifth Amendment to the United States Constitution. This amendment protects people from being forced to incriminate themselves.
