- The Establishment Clause is part of the First Amendment. It is a clause that keeps the government from promoting one religion or promoting one religion over another. It is the division between church and state. The Lemon Test is used by the Supreme Court to make sure the government hasn’t gone against the establishment clause. There are three criteria used to determine whether a law violates the Establishment Clause.
- The Supreme Court case, Texas v. Johnson established that the burning of the American Flag was a form of free speech and was protected by the First Amendment.
- I’m taking the fifth means that someone is invoking their fifth amendment right not “to be a witness against himself.” It allows people to not have to answer questions or provide information that could ultimately incriminate them.
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