- I understand that both the Establishment Clause and the lemon test prevent the establishment of legal primary religion in the government. The Lemon test consists of three criteria for determining the constitutionality of a law or action. (1) The law or action should not result in excessive entanglement between government and religion. (2) The law or action must never promote religious practices. It should remain neutral. (3) The law or action must serve a secular purpose.
- Yes, the First Amendment protects the burning of the US flag as a form of symbolic speech. This was established in the Supreme Court case Texas v. Johnson in 1989. Gregory Lee Johnson was arrested and convicted for burning a US flag during a protest in Dallas, Texas. However, the Supreme Court ruled that flag burning is a protected form of expression under the First Amendment. The Court found that burning the flag constituted symbolic speech, which is safeguarded by the Constitution.
- When someone says “I’m taking the Fifth,” they are practicing their right to refrain from speaking or providing self-incriminating information.
Discussion Board 9.1
- The “Establishment Clause” and the related “Lemon Test” are both parts of the first amendment. The lemon test was creamy later then the establishment clause to make sure that laws or practices don’t violate the First Amendment clause that prohibited government from establishment of religion. This leads us back to the Establishment Clause. It forbids any sponsored religion by the government. restricting all the governments from promoting or establish one religion above others.
- Regarding to the relevant court case discussed in the reading although burning the flag can be seen as a call for height or incite violence. We have seen with Johnson case that the court held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment. Meaning that you can only burn your own flag to protest, but it is prohibited to destroy someone else’s since it is not your property.
- when someone is pleading the 5th, it means that this person is using their Fifth Amendment protection against self-incrimination. It allows you to refuse to answer questions and maintain silent in order to protect you against self-incrimination.
The Establishment Clause is a provision in the First Amendment of the US Constitution, which prohibits the government from endorsing or promoting any particular religion. This ensures that there is a separation of church and state and that the government does not show favoritism towards any religion or practice.
The Lemon Test is a framework for determining whether a government action violates the Establishment Clause. It consists of three criteria that must be met:
a. The government action must have a secular purpose.
b. The primary effect of the action must neither promote nor discourage any religion.
c. The action must not result in excessive entanglement between the government and religion.
The Lemon Test is used by courts to determine if laws and policies are in compliance with the Establishment Clause. It helps ensure that the government remains neutral in matters of religion.
Burning the US flag is considered symbolic speech and is protected under the First Amendment. The Court ruled that flag burning is a form of expression and is therefore protected under the First Amendment’s free speech clause. This decision reaffirms the principle that freedom of speech applies even to unpopular or offensive expression.
When someone says “I’m taking the Fifth,” they are invoking their Fifth Amendment right against self-incrimination. The Fifth Amendment protects individuals from being forced to testify against themselves in criminal proceedings. By invoking the Fifth Amendment, individuals can decline to answer questions or provide testimony that may incriminate them in a criminal case. This right is crucial for protecting individuals from coercion and ensuring the integrity of the criminal justice system.
Discussion 9.2
The war on terror is new because it’s against non-state actors, involves asymmetrical warfare, and blurs lines between combatants and civilians, challenging traditional war norms.
Roving wiretaps under the Patriot Act potentially violate the Fourth Amendment, as they allow surveillance without specifying the target or location, potentially leading to indiscriminate searches, violating privacy rights.
“Sneak and peek” warrants allow law enforcement to search premises without immediately notifying the target, potentially violating the Fourth Amendment’s protection against unreasonable searches and seizures by delaying notification and undermining transparency in legal proceedings.
Discussion 9.1
1: The Establishment Clause prohibits the government from establishing or favoring any religion. The Lemon Test, derived from Lemon v. Kurtzman, sets criteria for determining if a law violates the Establishment Clause: it must have a secular purpose, not advance or inhibit religion, and avoid excessive entanglement with religion.
2:Yes, burning the US flag is protected by the First Amendment. Texas v. Johnson (1989) established that flag burning is a form of symbolic speech, protected under the First Amendment’s free speech clause.
3:Saying “I’m taking the Fifth” means invoking the Fifth Amendment of the US Constitution, which protects individuals from self-incrimination.
It allows a person to refuse to answer questions in a legal proceeding if the answers could incriminate them.
Alishba Butt
1) The primary component of the First Amendment is the Establishment Clause, ensuring our freedom from state-sponsored religion by prohibiting the government from endorsing, promoting, or showing preference for any particular faith.
2) Affirmative, the act of incinerating the flag is within constitutional bounds and safeguarded by the freedom of symbolic expression, a fundamental liberty under the First Amendment. This was affirmed in the 1984 legal case Texas v. Johnson, where an individual faced charges for burning the American flag, and the Supreme Court upheld the act as protected speech.
3) “Exercising the privilege against self-incrimination,” a right enshrined in the Fifth Amendment, grants individuals the option to refrain from providing potentially incriminating information, commonly known as the right to silence.
Angelee Williams – lemon test
- I understand the establishment clause because it shields people from having a religion forced upon them by the government. It also protects people from having their own beliefs limited from government authorities. I understand the lemon test because it has three criteria’s that have to be satisfied. It decided whether or not a law or action should stay in effect , and to be constitutional.
- Burning the U.S flag is protected by the first amendment. The first amendment states states that “congress shall make no law respecting an establishment of religion or abridging the freedom of speech”. The Supreme Court decided that the case from 1984( Gregory Lee Johnson )says that “burning the flag was a for, of symbolic speech protected by the first amendment and found the law as applied to flag discretion and to be unconstitutional”. Congress passed the “ flag protection act” and it was found unconstitutional.
- What it means when someone is “taking the fifth “ is refusal to answer questions cannot he used against themselves in a case.
Discussion Board 9.1 – Hannah Beach
- The First Amendment can be broken down into two parts, and the establishment clause is the first part. The establishment clause guarantees our freedom against a government sponsored religion by restricting the federal government and state governments from creating, promoting, or favoring one religion above others.
- Yes, burning the flag is considered constitutional and protected by freedom of symbolic speech: a First Amendment right. This was determined in the 1984 case of Texas v. Johnson where a man was arrested for burning a US flag and charged with “desecration of a venerated object” and The Supreme Court ruled that flag burning is a protected act.
- “Taking the fifth” is a provision in the fifth amendment against self-incrimination. It is the right to remain silent.
DB 9.1 – Mia Broadie
- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
- Based on the reading in American Government: 4.2 Securing Basic Freedoms, I understand the Establishment Clause as Congress’ way of preventing the establishment of a primary religion in the government. As explained in the text, many countries during this time fought in long and gruesome wars to have their religion be the primary religion represented in their government and because of this, the United States wanted to prevent this by separating church and state. The Lemon Test is a test that makes sure the Establishment Clause is not being breached for the laws or potential laws being put in place.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
- Based on the reading in American Government: 4.2 Securing Basic Freedoms, I understand that the burning of the US flag is protected by the First Amendment. The reason it is protected under the First Amendment can be showcased in the case of Texas v. Johnson. In 1984 Johnson was arrested for desecration of the US flag among other charges, but by 1989 the Supreme Court ruled that the burning of the US flag is a form of symbolic speech and therefore protected under the First Amendment. Since then, there have been many attempts in congress to pass the “Flag Protection Act” which was deemed unconstitutional.
- What does it mean when someone says “I’m taking the Fifth”?
- When someone says “I’m taking the Fifth” they are referring to the Fifth Amendment right to not give evidence or say anything in a court of law or to a law enforcement office that could potentially be an admission of guilt or incriminating.
Discussion 9.1
- The way I understand the Establishment Clause is that it was one of the first freedoms given to United States citizens. This country was established by people who immigrated here to practice their religion. The Establishment Clause today states that the United States can’t associate itself with any religion or church. To make sure this stands the Lemon Test was made, the Lemon Test basically makes sure that no law benefits or side with a religion more than another. This way the government does not associate itself with practicing a particular religion.
- Burning the US flag is not protected by the first amendment because the flag for the United States represents the union of all the states. Burning the flag can be used to call the attention of other citizens and inciting violence or opinions that can become a threat. When pro-communist Gregory Lee Johnson burned a flag while protesting he made the government pass a law called the Flag Protection Act. The act struck down as unconstitutional but Congress is still trying to pass an act against this action. I think that burning the flag and recording it to upload it on social media counts as a speech and not just an action. Once a crowd can see it, it can disrupt peace.
- When someone says “I’m taking the Fifth” they are exercising their right to not state information that may incriminate them or another person. They have a right to say that they don’t remember. Furthermore, the fifth protects the us from double jeopardy, being charged for the same thing twice.