- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment cause prevents government from creating an official religion and it also prevents government from backing or claiming one religion as the official religion of the United States. The lemon test is a criteria that basically makes sure a law or government action doesn’t not require excessive government engagement, doesn’t not effect religious practices, and there must be a non-religious justification for the law.
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 flag is protected by the first amendment, but it wasn’t always. In 1984 Gregory Lee Johnson was arrested and convicted of desecration of a venerated object which was the flag. 6 years later the supreme court ruled his arrest unconstitutional because burning the flag is considered symbolic speech.
3. What does it mean when someone says “I’m taking the Fifth”?
When someone pleads the fifth is means they are invoking their right to remain silent, taking the fifth can prevent someone from incriminating themselves.
