1.Describe how you understand the “Establishment Clause” and the related “Lemon Test”.

*Congress is prohibited by the Establishment Clause from establishing or endorsing a state-sponsored religion, which now includes the states. And it prevents the government from favoring one religion over another or none at all. The Lemon Test, developed by the Supreme Court in the Lemon v. Kurtzman case (1971), impacts whether a law or government action that supports a particular religious practice should be permitted. For a law to be considered constitutional, it must fulfill three conditions:It must not lead to an excessive level of government interference in religious affairs. It would need to be unbiased, not encouraging or discouraging religious activity. The law or action must be justified in a free of religion or nonreligious way.

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 American flag counts as First Amendment-protected symbolic speech.At the 1984 Republican National Convention in Texas, Gregory Lee Johnson protested by burning a flag. He was arrested for “desecration of a venerated object,” but the Supreme Court reversed the decision. The Court found that burning flags is an expression that is protected by the First Amendment.

3.What does it mean when someone says “I’m taking the Fifth”

*The Fifth Amendment of the U.S. Constitution refers to the right that people have when they say, “’I’m taking the Fifth”. This amendment guarantees that people cannot be forced into testifying against themselves in criminal proceedings by requiring them to provide information that could implicate them. It is frequently used when someone decides to keep quiet in court in order to prevent being forced to testify against themselves.

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