Describe how you understand the “Establishment Clause” and the related “Lemon Test”. Establishment clause and the Lemon test are very relatable because the establishment clause talks about prohibiting congress from establishing an official religion for the country to follow and instead allowing religions to live as is without preferring one over the other. This relates to the Lemon Test since this test was during the cause Lemon v. Kurtzman which mentioned government law and actions not relating to religion. This is because the first amendment prohibits this since it mentions freedom of religion and not restrict what is practiced. It states, “1. The action or law must not lead to excessive government entanglement with religion; in other words, policing the boundary between government and religion should be relatively straightforward and not require extensive effort by the government. 2. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion. 3. The action or law must have some secular purpose; there must be some non-religious justification for the law.” They both play fundamental roles since Lemon paved a new way to stop the favoriting of one religion over the other by stopping the funding for religious schools versus public school.
Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading. Burning the flag is protected by the first amendment because the court cause in Houston 1989 stated in Texas. 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.” Basically allowing the burning of the American Flag to be protected by the first amendment as a form of protest.
What does it mean when someone says, “I’m taking the Fifth”? when someone says I’m taking the fifth it means to not self-incriminate. This is due to the fact the fifth amendment allows you to stay silent since if said answer you say is self-incriminating or evidence, by law it will be used against you, known as the Miranda Rights. It’s important to note that i n a court as well, jury cannot use this way of you not complying if questioned as a way of you to be found guilty.