Establishment Clause: A constitutional rule that prevents the government from creating, supporting, or interfering with religious practices, ensuring religious freedom and governmental neutrality. Lemon Test (Establishment Clause): A three-part test established by the Supreme Court in Lemon v. Kurtzman (1971) to determine if a law violates the Establishment Clause: a) The law must have a secular (non-religious) purpose b) The law’s primary effect must neither advance nor inhibit religion c) The law must not create excessive government entanglement with religion. If a law fails any of these three prongs, it is considered unconstitutional under the Establishment Clause.
Flag Burning and First Amendment (Texas v. Johnson): In 1989, Gregory Lee Johnson burned an American flag during a protest at the Republican National Convention in Dallas. He was arrested under a Texas law prohibiting flag desecration. The Supreme Court ruled 5-4 that his action was protected symbolic speech under the First Amendment, striking down the Texas law and establishing that political expression cannot be criminalized simply because it is offensive.
“Taking the Fifth”: A constitutional right that allows individuals to remain silent during legal proceedings to avoid self-incrimination, protecting them from being forced to provide potentially damaging testimony against themselves.