- The establishment clause is part of the first Amendment that prohibits the government from establishing or endorsing a religion. interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion.
The Lemon Test was established by the supreme court for deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand. The Lemon test have three criteria for a law or action to be found constitutional and remain in effect. 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 must have some secular purpose; there must be some non-religious justification for the law.
3. The action or law cannot either inhibit or advance religious practice; it should be neutral in its effects on religion.
2. Yes, if someone were to burn up the American flag, this action would still be protected by the First Amendment. The First Amendment protects the right to freedom of religious conscience and practice and the right to free expression, particularly of political and social beliefs. So, under the first Amendment burning the American flag is considered a form of protected speech.
3. when someone says, “I’m taking the Fifth” this means the person is invoking the right against self- incrimination or the right to remain silent. People have the right not to give evidence in court or to law enforcement officers that might constitute an admission of guilt or responsibility for a crime.
