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

The Establishment Clause of the First Amendment prohibits the government from establishing an official religion or favoring one religion over others. It ensures the separation of church and state, protecting religious freedom by preventing government interference in religious practices. Including issues like prayer in schools and religious displays on public property. The Lemon Test is a legal standard that determines if a law or government action violates the Establishment Clause. It requires the action to have a secular purpose, to neither advance or inhibit religion, and to avoid extra affiliation with any relgious institutions. If any of these criteria are violated, the action is considered unconstitutional.

2) Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.

The burning of the U.S. flag is a controversial form of protest. In 1984, Gregory Lee Johnson was arrested for burning the flag. But the Supreme Court ruled in Texas v. Johnson (1989) that flag burning is a form of symbolic speech protected by the First Amendment. In response, Congress tried to pass laws banning flag desecration, but these were struck down as unconstitutional. Attempts to amend the Constitution to allow such laws have not been succesful. The Supreme Court’s decision emphasizes the importance of free expression, even when the act is controversial. So, while burning the flag may be seen as disrespectful, it’s legally protected as a form of protest under the First Amendment.

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

When someone says, “I’m taking the Fifth,” they are invoking their right to remain silent under the Fifth Amendment of the U.S. Constitution. This amendment protects people from being forced to testify against themselves in a criminal case, allowing them to refuse to answer questions that could incriminate them.