- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
From my understanding and how I understand “Establishment Clause” it reminds me of ones beliefs and how each person has their own beliefs and how it separates us. It also reflects on preventing the government from participating in a religion. The “Lemon Test” is being used to ensure that the government doesn’t violates the “Establishment Clause”, so basically they can’t go against it, or show any form of action or violation towards the Clause.
2) burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Based on the reading, Burning the US flag protected by the first Amendment it signifies a “symbolic speech” which is protected by the First Amendment and found by law which applies to flag desecration and it is also offensive to disrespect the flag and the court thoughts were criticized as they believe that if burning the US flag means desecration and symbolic reasons , why can’t we protect other areas that involves symbolic speech as well, a federal law was being issued for protection against the flag.
3) What does it mean when someone says “I’m taking the Fifth”?
From my understanding it simply means you refuse to share details on any personal questions/ criminal cases that’s related to you, simply protecting your self-discrimination and it protects individuals from testifying against themselves in criminal cases