- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause was intended to separate church and state from prohibited the government from favoring one religion view over the other, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise” or perhaps favoring religion over non religion. The Establishment Clause is the first clause in our First Amendment which creates a foundation of religious freedom.
Lemon test, deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand therefore, it is categorized into three which are; the action or law must not lead to excessive government entanglement with religion; the action or law cannot either inhibit or advance religious practice; the action or law must have some secular purpose.
- 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 US flag is protected by the First Amendment which was a form of symbolic speech. Gregory Lee Johnson, a member of various pro-communist and antiwar groups, burned the US flag in 1984, as part of a protest near the Republican National Convention in Dallas Texas. He was arrested and charged with “desecration of a venerated object” along with other offenses and then eventually convicted of that offense.
- What does it mean when someone says “I’m taking the Fifth”?
When someone says “I’m taking the Fifth” means that they are protecting their rights under the fifth amendment of the US Constitution therefore, it is a protection against self incrimination or perhaps the right to remain silent.
