Christian Asia -9.1

The Establishment Clause just means the government isn’t supposed to mix with religion. They can’t force religion on people or favor one religion over another. The Lemon Test is how courts check this. Basically, a law has to have a regular non-religious reason, it can’t mainly help or hurt religion, and the government can’t get too involved with religious groups. If it does, the law doesn’t pass.

Burning the U.S. flag is protected by the First Amendment. Even though a lot of people see it as disrespectful, the Supreme Court ruled that it counts as free speech. The government can’t punish someone just because their expression offends people.

When someone says “I’m taking the Fifth,” they’re choosing not to answer a question because it might get them in legal trouble. The Fifth Amendment protects people from being forced to say something that could be used against them in court.

Damarr Blair Discussion Bored 9.1

  1. How I understand the establishment clause of the U.S is that the government is not allowed to make any laws that that promote or establish a state religion to impose on its citizens. Religion and government policy is supposed to be separated and the government should not make laws forcing its citizens to follow a religion. In special cases like the government promoting a specific religious practice it must satisfy the requirements of the lemon test. Those requirements being that 1. it must not lead to excess government involvement with the religion. 2. it must be neutral. it cannot advance or inhibit the religious practice and 3. The law has to have a secular purpose. A reason outside of religious justification.
  2. Yes burning the U.S flag is protected by the first amendment because it is a form of speech regardless of how offensive it is and thus cannot be punished by the government. This was established in the Supreme Court case Texas v. Johnson 1989 which they ruled that burning the flag was a form of speech that is protected.
  3. When someone says they plead the fifth they means that they are using their fifth amendment right. which says that they are given the right to silence and prevent self incrimination so that it can’t be used against them in court.

Brittany Wells 9.1

  1. The Establishment Clause ensures the government does not FORCE religion or church onto the people in society. It also stops the promotion of one religion over another. This keeps the balance within society for people to believe in their individual beliefs without being forced into it. I agree and believe this clause helps maintain peace throughout the world because of it is based on equality. The Lemon Test is a test for finding out if a law or action that might promote a specific religious practice should be able to stand. There are three criteria that must be met for a law to be found constitutional and remain in effect: 1. The law must not lead to the entanglement between religion and the government, 2. The law cannot advance one religion, it must remain neutral, and 3. The law must have a purpose outside of religious purposes.
  2. Burning the US flag is protected by the First Amendment. After the Texas V Johnson case in 1989, Supreme Court ruled burning of the US flag is a form of symbolic speech. Gregory Lee Johnson burned the US flag as a form of protest and this symbolic speech is protected in the First Amendment. However, states and government do have laws to protect the US flag from being destroyed or damaged. Symbolic speech creates a bigger impact than just using words because it brings more attention to the cause of the protest.
  3. When someone says “I’m taking the fifth”, this means the person is choosing to remain silent to prevent self incrimination. In the Fifth Amendment, this provision gives people the right to deny giving any information or any form of evidence regarding the case to the courts or police. This also ensures our protection in not admitting to the commitment of a crime. Additionally, during a trial a person has the right to not testify in their own defense. The prosecution in return cannot be bias or assume the suspect is refusing to testify because they are not innocent. In 1966 the result of the Miranda V Arizona case was the addition of “the right to remain silent” during the reading of your Miranda Rights by the police. Now law enforcement must let you know before they interrogate you, that you do not have to say anything at all.

Monts DB

The establishment clause was created to protect the freedom to practice ones religion, and keep the government from imposing on ones religious beliefs. The lemon test came from the Lemon v. Kurtzman(1971) court case, this 3 part test was used to determine if a law was constitutional, and if the law mixed religion with government too much. The test was used to keep and maintain the separation of religion and the government. I find it interesting that the supreme court doesnt use the test anymore. This shows that the governments views on religion and state has changed over time.

Burning the U.S flag is protected by the 1st amendment. In the case Texas v. Johnson, the supreme court stated that burning the flag is protected by the 1st amendment. Flag burning is a form of symbolic speech and even if its seems offensive to some its not a illegal.

When someone says their ‘taking the fifth’ means they opt out of speech during trial. Or using their right to not say anything that could be used against them in court. This is apart of the 5th amendment, where people are protected from testifying against themselves.

Jaydeen Machado Discussion Board 9.1

Jaydeen Machado

American Government

9.1

1.    Describe how you understand the “Establishment Clause” and the related “Lemon Test”. Establishment clause prohibited congress from creating and promoting state sponsored religion favoring one or non. Most countries have Church religion values beliefs in between the states there are divisions, and with certain divisions, come restrictions within certain religious groups in certain countries and states to the restrictions of certain states with Jews. Similar to what Thomas Jefferson describes a wall of separation between states and church, so this is why the forbidden creation of a church for the US forbids government from favoring one religion beliefs over another church or certain religious group. this is how lemon test relates to establishment cause because the test decides whether a law or government action promotes a specific religious practice, and if it is allowed to stand. So, there are three certain criteria standards as you can say that needs to be satisfied. one of them is action and law must not lead to excessive entanglement with religion, so there should be straightforward and not require extensive effort by the government. The second test is if the law cannot inhibit or advance a certain religion, and lastly, the final test is action or law must have no villages or spiritual, but basis, they must have secular purpose non-religious justification for each law. This is how we keep our school system different respecting every religion and supporting.

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 speech under the first amendment a form of symbolic expression or a political expression. Trying to convey a message protecting the expression even if its offensive to others just because society may find the idea offensive asked on standards. Like Near v Minnesota about press freedoms, federal government could not engage in stopping someone from publishing something without a compelling reason. Not being ale to deny certain businesses like the New York Times and Washington Post newspapers even the pentagon papers. As for courts they recognized government officials and public figures may silence certain press to avoid backlash but serving lawsuits for defamation of character. The freedom of expression is not absolute there are restrictions in place to limit certain abilities. You can possibly find loopholes.

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

When someone say I’m taking the fifth” it means protection against self incriminating or the right to remain silent. Your right not to give evidence in court, to law enforcement in an interrogation that might produce an admission of guilt or responsibility for a crime. In a criminal trial if someone doe does not testify in his or her own defense, prosecutors can not use that failure to testify as evidence of guilt or imply an innocent person would testify. In the Supreme Courts 1966 ruling in Miranda v. Arizona suspect through high suspect are to be informed of the most important right. The right to self incriminates before being in police custody. In a situation where you are free to leave, consider law enforcement does not have to inform you of the rights before question know as Miranda Warning.

Mariam Kone 9.1

1. The “Establishment Clause” is part of the First Amendment and prohibits the government from establishing a national religion or unduly favoring one religion over another. The “Lemon Test,” derived from a court case, is a three-part test used to determine if a law or action violates this clause. It checks if the law has a secular purpose, doesn’t advance or inhibit religion, and doesn’t lead to excessive government entanglement with religion.

2. The U.S. flag is protected under the First Amendment, which guarantees freedom of speech. This includes symbolic speech, like flag burning, which has been debated in various court cases. The courts have generally ruled that flag burning is a form of expression and thus is protected, despite many opposing views on the act itself.

3. When someone says, “I’m taking the Fifth,” they are invoking the Fifth Amendment right against self-incrimination. This means they refuse to answer questions or provide information that could potentially incriminate them in a criminal case. It’s a legal protection that upholds a person’s right to remain silent.

Discussion 9.1 – Rego Nurse

  1. The “Lemon test” is essentially a smell test for how much something doesn’t smell right with regard to the “Establishment Clause”. There are a few positions and how the “Lemon test” relates to the clause.
    • The first being that all laws “must not lead to excessive entanglement with religion”. Meaning that no laws can so closely follow a religion that it can in anyway be confused for it.
    • The next one supports the previous in that policing “the boundary between government and religion” should be easily understood by the average citizen.
    • Lastly, that no law should
  2. Yes, the burning of the U.S. flag is protected under the First Amendment and seen as a form of symbolic speech, as stated in the text. In 1989, Gregory Lee Johnson was convicted of burning a U.S. flag. Though five years later, the U.S. Supreme Court overturned that conviction and deemed it unconstitutional. They stated that the act of burning the flag was protected under the First Amendment. To this day, Congress will routinely attempt to pass laws regarding the protection of the U.S. flag, and every time the Supreme Court strikes it down.
  3. When someone says “I’m taking the Fifth,” they mean that they will not make themselves available to self-incrimination through their own words. They plan to stay silent and let the burden of proof of guilt fall on the police or the prosecuting attorney.

DB 9.1 – Giselle Vargas

  1. The Establishment Clause and the Lemon Test
    • The Establishment clause is part of the First Amendment and it basically means the government can’t create or support a specific religion. It keeps church and state separate so everyone can have their own beliefs. The Lemon Test came from a court case called Lemon v. Kurtzman (1971) and it helps decide if something the government does violates that rule. For a law or action to be okay, it has to have a non-religious purpose, it can’t help or hurt any religion and it can’t get the government too involved with religion.
  2. Flag Burning and the First Amendment
    • Burning the American flag is protected by the First Amendment as a form of free speech. In Texas v, Johnson (1989), the Supreme Court said that even though a lot of people see flag burning as disrespectful, it’s stilled considered symbolic speech. The government can’t punish someone because it’s a form of expression or protest.
  3. “I’m taking the Fifth”
    • When someone says “I’m taking the Fifth” they’re talking about their right under the Fifth Amendment to stay silent so they don’t incriminate themselves. It’s a protection that let’s people avoid self incrimination, which means they don’t have to answer questions or testify against themselves in court.

Discussion Board 9.1

  1. The way I understand the “Establishment Clause”  is that congress or state are not permitted to create state sponsored religion due to most of the United States when they were founded they came from different countries around the world and had an established religion more specifically protestant and catholic churches due to different interpretations of the religion. So what the establishment clause is that the government can’t do in terms of religion or prefer one.
  2. Burning of the US flag is protected by the first amendment by the court case  that happened with the supreme court decided in the Texas V. Johnson. It was decided that it was a form of symbolic speech that was protected by the first amendment that founded this law. 
  3.  When a person says “I’m taking the fifth” from what I understand is that their exercising their fifth amendment to not incriminate themselves and to remain quiet and not answering any questions or make a statement, as well its not an admission of guilt due to them exercising this right.

9-1 Samantha A Santos

  1. The Establishment Clause is a part of the First Amendment to the U.S. Constitution, the clause makes it so that the government cannot create an official religion, favor one religion over another, or show preference for religion over non-religion. In theory it ensures a separation between church and state, and should prevent the government from influencing or being influenced by religious institutions and personal religious opinions.
  2. The Lemon Test is a three part test that is used to determine whether an action performed by the government violates the Establishment Clause. A law or action is constitutional only if it has a secular purpose, it cannot advance or inhibit religion, and it cannot result in excessive government involvement with religion, if any of these three conditions are not met, the action violates the Establishment Clause.
  3. Burning the U.S. flag is protected by the First Amendment, it falls under the right to freedom of speech. This was confirmed in the Supreme Court case Texas v. Johnson 1989, Gregory Lee Johnson burned an American flag in protest against government policies, and he was arrested under a Texas law banning flag desecration. The Court ruled that flag burning is a form of symbolic speech, expressing political opinions. Because the First Amendment protects not just spoken words but also expressive conduct, the government cannot punish someone simply because their message is offensive or unpopular.
  4. When someone says “I’m taking the Fifth,” they are invoking their Fifth Amendment right against self-incrimination. This means they refuse to answer a question or make a statement that could be used against them in a criminal case. The Fifth Amendment can protect people from being forced to testify against themselves during legal proceedings. It’s a way to ensure fairness in the justice system and to prevent the government from coercing confessions or using one’s own words as evidence of guilt.