- The Establishment Clause is part of the First Amendment, prohibiting the government from establishing a religion or favoring one religion over another. It keeps church and state separate and prevents the government from promoting religious beliefs. The Lemon Test, from the Supreme Court case Lemon v. Kurtzman (1971), is a way to check if a law breaks this rule. For a law to be allowed, it must: (1) have a non-religious purpose, (2) not help or hurt any religion, and (3) not create too much connection between the government and religion.
- Burning the U.S. flag is protected by the First Amendment as symbolic speech. This was affirmed in the Supreme Court case Texas v. Johnson (1989), where the Court ruled that flag desecration is a form of free expression protected by the First Amendment.
- When someone says, “I’m taking the Fifth,” they are using their Fifth Amendment right not to answer questions that could make them look guilty of a crime. This means they don’t want to provide any information that could lead to their conviction. This right to remain silent is important because it protects people from being forced to speak against themselves. This right became well-known after the Supreme Court case Miranda v. Arizona (1966), where it was decided that police must inform suspects about their rights, including the right to stay silent.
9.1
- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The establishment clause is prevents the government from establishing an official religion or favoring one religion over another. Everyone should have the ability to choose their own faith and that has nothing to do with the government. The lemon test helps to define if a law violates the clause in any way. Laws must have a secular purpose and cannot over step or violate one’s faiths and the avoid any government >> religion entanglements. - 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 as one has the right to free speech and that is a free form of speech. During the Texas v Johnson case of 1989 the Supreme Court ruled although burning the flag is offensive and withhold a lot of controversy just because one doesn’t agree with it doesn’t mean it can be prohibited. - What does it mean when someone says “I’m taking the Fifth”?
To plead the fifth means to invoke your right to remain silence. This simply helps to protect Individuals from being forced to testify against themselves or self incriminate themselves.
Discussion 9.1
- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
Based on the readings from article Securing Basic Freedoms, The establishment clause is part of the First Amendment of the U.S. constitution and stops the government from setting an official religion or favoring one religion over others. The Lemon Test comes from the Supreme Court case Lemon vs. Kurtzman. It’s used to decide whether or not a government action violates the Establishment Clause. - Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
- Burning the US flag is protected by the First Amendment since the burning of the flag is a form of symbolic speech. Gregory Lee Johnson, a pro-communist member set the US flag on fire and was later convicted. However, the Supreme Court found that the law around “desecration of a venerated object” to be unconstitutional.
- What does it mean when someone says “I’m taking the Fifth”?
When someone says “I’m taking the fifth” he or she is referring to the U.S. Constitution. It gives them the right to refuse to answer questions that can incriminate them. It means they’re choosing to stay silent to avoid saying something that can be used against them.
discussion 9.1
- The Establishment Clause (First Amendment) bars government from endorsing religion. The Lemon Test (Lemon v. Kurtzman, 1971) invalidates laws unless they: (1) have a secular purpose, (2) don’t primarily advance/inhibit religion, and (3) avoid excessive church-state entanglement.
- Yes burning the flag is protected symbolic speech per Texas v. Johnson (1989). The Court held that even offensive expression (like flag desecration) is shielded, as the government cannot suppress speech solely to preserve a symbol.
- Invoking the Fifth Amendment’s right against self-incrimination, it allows individuals to refuse to answer questions in legal settings if doing so might expose them to criminal charges.
Discussion Board 9.1 – Maor Noach
- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
The Establishment Clause is part of the First Amendment, and to me, it basically means the government can’t create or support a religion. It’s about keeping a clear line between religion and the state so that everyone, regardless of their beliefs, is treated fairly. To help courts figure out if a law crosses that line, they use something called the Lemon Test (from Lemon v. Kurtzman). It has three parts: the law has to have a non-religious purpose, it can’t promote or hurt religion, and it shouldn’t create too much interaction between the government and religious groups. If a law fails any of those, it’s likely unconstitutional. It’s basically a filter to prevent religious favoritism by the government. - Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Yes, it is, although it’s definitely controversial. The Supreme Court made that clear in Texas v. Johnson (1989). In that case, a guy named Gregory Johnson burned an American flag during a protest and got arrested under a Texas law. But the Court said his actions were protected under the First Amendment because they were a form of symbolic speech as he was expressing a political opinion, even if it offended people. The takeaway is that free speech doesn’t only protect speech people agree with, it also protects the kind that makes people uncomfortable or angry. So yeah, flag burning, as a political statement, is legally protected. - What does it mean when someone says “I’m taking the Fifth”?
When someone says “I’m taking the Fifth,” they’re using their Fifth Amendment right to avoid self-incrimination. It means they don’t have to answer a question if doing so could get them in legal trouble. You hear it a lot in legal dramas or during congressional hearings, but it’s a real legal protection. It’s meant to prevent people from being forced to testify against themselves in criminal cases. So if someone says that, they’re basically saying, “I’m not going to answer that because it might be used against me.”
Donje Koonjisingh
- Establishment Clause & Lemon Test: The government cannot create or promote a religion because of the Establishment Clause. The lemon Test, derived from Lemon v. Kurtzman in 1971, assures that government acts serve a secular purpose, do not advance or impede religion, and avid excessive religious entanglement.
- Flag Burning & First Amendment: The First Amendment does, in fact, protect burning the American flag. Flag burning is considered symbolic expression and is protected under free speech rights, according to the supreme Court’s 1989 decision in Texas V Johnson.
- Taking the Fifth: “Taking the Fifth” is the term used to describe using the Fifth Amendment, which shield people from being forced to testify against themselves in a criminal proceeding.
Anjale Dindial
- 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.
DB 9.1
My understanding of the Establishment Clause is that it restricts religion from being the main focal point of a state or country funded by the government. I grew up reciting the Pledge of Allegiance, but at some point, we stopped because not all the kids in my class were American. That’s what I gathered from reading the module. If it benefits a specific religion and involves the government, it violates the Establishment Clause.
Reading has been a mixed bag of results. In 1989, the Supreme Court stated it is a freedom of speech, then a year later they tried to pass the Flag Protection Act, which didn’t work out.
When someone says that, it means they are not trying to incriminate themselves for a crime they possibly did. “People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime.”
DB #9.1 Response – Mia Farley
- When addressing the bill of rights, the first amendment is one of the most well known and frequently implemented amendments in the United States.This amendment guarantees both religious freedom and the right to express your views in public, ultimately creating a distinction between the government power and personal freedoms.In gain a better perspective of it’s impact, it’s easiest to understand it from two key freedoms: 1 – prevention of government imposing a set of religious beliefs, 2- the protection of individuals from having their religious beliefs restricted by the government.The first of these protections is the Establishment clause, which prevents Congress from creating or promoting a state sponsored religion. This originally stemmed from the historical context of the United States foundation, during its development, other countries in the world had established religious beliefs and values resulting in a lot of world wars and conflicts.The United States intentionally chose to separate religion from government in order to avoid these conflicts.The Lemon test works in tandem with the Establishment clause, assessing whether a law or government action might possibly promote a particular religious practice.
- The topic of legal flag desecration has been extremely controversial.The issue first arose as a result of the decision of Texas v Johnson, Johnson was convicted of desecrating a venerated object–he specifically burnt an American flag. However, the supreme court later ruled that flag burning is a form of symbolic speech protected by the first amendment causing the previous conviction to be deemed unconstitutional.The court case remained contested, causing congress to pass the federal flag protection act, which was then subsequently overturned.Since then, the topic of flag desecration has remained a large controversial topic in the United States.
- When someone pleads the fifth they are ultimately evoking their fifth amendment–the amendment that prevents self incrimination.Typically used in a legal setting, preventing one from responding to self incriminating questions.
Valerija Butakova – DB 9.1
1) The Establishment Clause of the First Amendment in the U.S. Constitution prevents the government from enforcing a national or state religion and making laws that prioritize one religion over another. The clause also allows citizens to lawfully practice or not practice a religion if they choose to. The Lemon Test was developed because of the case Lemon v. Kurtzman (1971) and it can be used to decide if government legislation is giving favor to a specific religion and if it should be allowed. The test consists of three questions: whether the law has a secular purpose, if it promotes or hinders religion, and if it prevents government entanglement with religion.
2) Burning the U.S. flag is currently a form of protected free speech under the First Amendment of the Constitution. It was not always like this, as in 1984 Gary Lee Johnson was charged with “desecration of a venerated object” for setting the U.S. flag on fire during a protest. In 1989, the Supreme Court case Texas v. Johnson decided that burning the flag was a symbolic form of free speech and was not unconstitutional. An attempt was made by Congress to change this law through the Flag Protection Act but it was deemed unconstitutional in 1990. This has stayed a controversial topic in American politics but for now, it is still legal to burn the U.S. flag.
3) To “plead the Fifth” is to use your right not to self-incriminate which is protected under the Fifth Amendment. This means that people can refuse to give evidence that admits guilt, and in a trial, their silence cannot be used against them. The ruling in the Supreme Court case Miranda v. Arizona (1966) is what pushed for law enforcement to inform suspects of their Constitutional rights. This list of rights from the Fifth and Sixth Amendment is widely known as the “Miranda Rights”.