1. The “Establishment Clause” prohibits the government from creating and/or promoting a state-sponsored religion and stops one religion being favored over other religions/religious beliefs. The “Lemon Test” decides whether a law promotes a religious practice should be allowed to stand. The test is broken into three parts; there must be separation of church and state, the law has to be neutral in it’s effects towards religion, and there has to be a non-religious justification for the law.
2. Burning the U.S flag is protected by the First Amendment. A man named Gregory Lee Johnson set a U.S flag on fire in Texas and arrested in 1984. In 1989 during the “Texas v. Johnson” case, the Supreme Court decided that Johnson burning the flag was a “form of symbolic speech” protected by the First Amendment.
3. “Taking the Fifth” is a phrase that is derived from the Fifth Amendment. It is the right to remain silent.

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.

1- The Establishment Clause is a guideline that states the United States Congress cannot set a state-sponsored religion. This applies on a state governmental level as well as much of the United States is diverse in religious beliefs compared to many other countries around the world. Since the U.S. was established with Christianity, in it’s many different forms there were heavy debates on Establishment Clause being a freedom. In modern times it has continued to be a freedom knowing that the United States has more than one dominating religion hence no restrictions of practice compared to other religion dominated countries. As for the Lemon Test, it sees whether the government is acting upon something that could potentially promote a bias of religion.

2- Burning the United States flag is protected by the First Amendment because the reading states, “However, in 1989, the Supreme Court decided in Texas v. Johnson that burning the flag was a form of symbolic speech protected by the First Amendment and found the law, as applied to flag desecration, to be unconstitutional.” Therefore in accordance to the Supreme Court’s decision it is within the constitution in alignment with the First Amendment.

3- When someone says “I’m taking the Fifth” is the right to remain silent. This right allows the person to be protected from self incrimination by word of mouth. A protection against double jeopardy where a suspect may face prosecution twice. This helps the individual from facing more time or higher punishment. The right to not give evidence, especially if the person is in an erratic state of mind in order to protect themselves from further prosecution.

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

The Establishment cause prevents government from creating an official religion and it also prevents government from backing or claiming one religion as the official religion of the United States. The lemon test is a criteria that basically makes sure a law or government action doesn’t not require excessive government engagement, doesn’t not effect religious practices, and there must be a non-religious justification for the law.

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 flag is protected by the first amendment, but it wasn’t always. In 1984 Gregory Lee Johnson was arrested and convicted of desecration of a venerated object which was the flag. 6 years later the supreme court ruled his arrest unconstitutional because burning the flag is considered symbolic speech. 

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

When someone pleads the fifth is means they are invoking their right to remain silent, taking the fifth can prevent someone from incriminating themselves. 

1. The Establishment Clause is part of the First Amendment and it stops the government from setting up an official religion or favoring one religion over others. It’s all about keeping church and state separate. From the 1971 Supreme Court case Lemon v. Kurtzman, the Lemon Test helps decide if a law breaks this rule. It checks three things: (1) the law must have a non-religious purpose, (2) it shouldn’t help or hurt religion, and (3) it shouldn’t make the government too involved with religion. If a law fails any of these, it might be unconstitutional. I think this test is super important because it keeps things fair and prevents the government from getting too cozy with any religion.

2. Burning the US flag is protected by the First Amendment as symbolic speech. This was decided in the 1989 Supreme Court case Texas v. Johnson, where the Court said burning the flag is a form of expression that’s protected. Even though it’s controversial, the decision shows that free speech includes stuff we might not like. Personally, I feel like this ruling is crucial because it reminds us that freedom of expression means allowing all kinds of speech, even if it makes us uncomfortable.

3. “I’m taking the Fifth” When someone says “I’m taking the Fifth,” they’re using their Fifth Amendment right to avoid self-incrimination. Basically, it means they don’t have to answer questions that could get them into legal trouble. This right is part of making sure people are treated fairly in court. In my opinion, it’s a smart move because it protects individuals from being forced to say something that could be used against them later.

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

The Establishment Clause of the First Amendment prohibits the government from creating, endorsing, or favoring a religion, ensuring a clear separation between church and state. It requires government actions to remain neutral toward religion and protects against promoting one faith over another or religion over non-religion. To determine whether a law violates this clause, the Supreme Court established the Lemon Test in Lemon v. Kurtzman (1971). According to the test, a law is constitutional only if it has a secular purpose, neither advances nor inhibits religion, and does not result in excessive government entanglement with religious institutions. If a law fails any one of these three criteria, it is considered unconstitutional under 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.

Yes, burning the U.S. flag is protected by the First Amendment as a form of symbolic speech. In the case Texas v. Johnson 1989, the Supreme Court ruled that Gregory Lee Johnson’s act of burning the flag during a political protest was expressive conduct protected by the First Amendment’s guarantee of freedom of speech. The Court emphasized that the government cannot prohibit expression simply because it is offensive or disagreeable, even when it involves national symbols like the flag. Despite public outrage, the Court held that flag desecration laws were unconstitutional when applied to suppress political expression.

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

When someone says “I’m taking the Fifth,” they are invoking their Fifth Amendment right to remain silent and not incriminate themselves in a criminal case. This means they are choosing not to answer questions or testify, because doing so might reveal information that could be used against them in court. The Fifth Amendment protects individuals from being forced to provide evidence of their own guilt, and refusing to speak cannot legally be used as proof of guilt.

1. I understand the establishment clause as the two related freedoms of religion. The first one protects people from having a set of religious beliefs imposed on them by the federal government. Second, people are protected from having their own religious beliefs restricted or threatened by the government. The government is also forbidden from favoring one set of religious beliefs over others or favoring any religion over non-religion. This was founded based on the diversity of religious beliefs that many settlers from Europe came with during the early United States. The lemon test was designed to decide whether a law or government action might promote a particular religious practice should be allowed to stand. The criteria for a law or action to be constitutional is that it must not lead to excessive government entanglement with religion. It cannot either inhibit or advance religious practice. And there must be some non-religious justification for it. 

2. Burning the US Flag is protected by the first amendment. During the Texas v. Johnson case, the supreme court decided that burning the US Flag was a form of symbolic speech that the first amendment protects. The flag desecration law was found unconstitutional to uphold as it restricted this kind of freedom of expression of burning the flag at the same time. In response Congress has tried to overrule this court decision with various flag protection acts to re-criminalize the act but to no success.     

3. Taking the fifth means protecting yourself against self incrimination or the right to remain silent. People have the right to not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility of the supposed crime one is being accused of or involved in. It is also embedded that suspects are required to be informed of their most important rights, including the right against self incrimination before being interrogated in police custody. However for law enforcement it is not necessary to inform suspects of their rights before they are questioned in situations where they are free to leave. It is a constitutional right.

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

1. 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.
   
2. 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”?
   
3. 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.

1. Establishment Clause & Lemon Test
   Establishment Clause is a clause in the First Amendment to the United States Constitution that states, “Congress shall make no law respecting an establishment of religion.” It forbids the government from favoring, promoting, or supporting any religion.

The Lemon Test is named after the Supreme Court case Lemon v. Kurtzman (1971) and is used to determine whether a law or government action violates the Establishment Clause. The test has three parts:

The law must have a secular purpose (not religious).

The primary effect of the law must not advance nor inhibit religion.

The law must not result in excessive government entanglement with religion.

If a law infringes any of these three tests, the law is unconstitutional under the Establishment Clause.

2. Flag Burning & the First Amendment
   Yes, flag burning is protected under the First Amendment as free speech. The leading Supreme Court case confirming this protection is Texas v. Johnson (1989).

In this case, Gregory Lee Johnson burned an American flag as a protest against the Reagan administration. He was arrested under a Texas law banning flag desecration, but the Supreme Court ruled that the law violated his First Amendment rights. The Court held that burning the flag was a form of symbolic speech, and the government could not prohibit it just because it was offensive.