- Describe your interpretation of the “Establishment Clause” alongside its associated “Lemon Test.” The Establishment Clause within the First Amendment prohibits Congress from making any laws that establish religious preference. The government must remain impartial toward religion because it cannot back any religious practices nor show preference for religious beliefs over non-religious beliefs. The Establishment Clause exists to maintain separation between religious institutions and public government operations. The Supreme Court established the Lemon Test through its Lemon v. Kurtzman decision in 1971. The Court uses this three-part test to determine whether a law breaks the Establishment Clause requirements:
A law requires a secular goal as its main objective.
The law neither supports nor restricts religious activities.
The government must avoid creating excessive religious involvement through its programs.
A law becomes unconstitutional under the Establishment Clause whenever it fails to meet any of these requirements.
- The First Amendment protects flag burning as free speech according to the relevant court case presented in the reading.
Burning the U.S. flag enjoys First Amendment protection as free speech. The Supreme Court established this precedent through their Texas v. Johnson decision in 1989. The American flag underwent a burning process during a political demonstration by Gregory Lee Johnson. The Court sided with him after he faced arrest under a Texas law that prohibited flag desecration.
The court’s majority decision established that flag burning serves as a form of expressive conduct and political speech which enjoys fundamental protection under the First Amendment. Free speech protection exists even though certain expressions might offend others or gain little popular support.
- What does it mean when someone says “I’m taking the Fifth”?
A person who states “I’m taking the Fifth” exercises their Fifth Amendment privilege to avoid self-incrimination. A person who invokes this right will not respond to questions because their statements could potentially become evidence against them in court proceedings.
The legal protection prevents individuals from testifying or offering evidence which could result in their own conviction. The protection extends to all situations that involve trials as well as hearings and congressional investigations.
