Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
- My understanding of the “Establishment Clause” and the related “Lemon Test” is as such; both were created to separate religion from being used by the government. The Establishment Clause prohibits the creation or promotion of state-sponsored religions. This prevents any state from forcing its citizens to follow a religion of their choosing. With the Lemon Test, its main goal is to decide whether a law or other government action that might promote a particular religious practice should be allowed to stand. This helps prevent laws from advancing religious practice and halt government entanglement with religion.
Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading. - The burning of the flag is considered a protected freedom of the first amendment as long as it pertains to a method of free speech. The first case that challenged this concept was Texas v. Johnson, which was won in favor of it being a symbolic way of expressing speech. Gregory Lee Johnson, who was a member of various pro-communist and anti-war groups, set the flag on fire while at a protest near the Republican National Convention in Dallas, Texas. The courts ruled that his actions were part of his right to freedom of speech.
What does it mean when someone says “I’m taking the Fifth”? - When using the term “taking the Fifth”, you are using your right to remain silent, as this is a protection against self-incrimination. As people have the right not to give evidence in court, or to law enforcement officers, that might constitute an admission of guilt.
