1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”.”
Answer: The Establishment Clause is part of the First Amendment. It says the government cannot create or support an official religion. That means the government must stay neutral with religion and not favor one religion over another or favor religion over no religion. The Lemon Test comes from the court case Lemon v. Kurtzman. It is used to check if a law or government action about religion is okay under the First Amendment. This test has three rules: first one is, the law must have a non-religious purpose. Second, the law cannot help or hurt religion. Third one is the law cannot cause too much involvement between government and religion. If a law fails any of these three rules, it violates the Establishment Clause.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Answer: Yes, burning the US flag is protected by the First Amendment as a form of free speech. From the given information on open lab shows, in the case of Texas V. Johnson, Gregory Lee Johnson burned a flag during a protest. He was arrested, but the Supreme Court said burning the flag is symbolic speech and the government cannot punish people for expressing their ideas this way, even if the act is offensive to many people.
3. What does it mean when someone says, “I’m taking the Fifth”?
Answer: When someone says, “I’m taking the Fifth,” that means they are using their Fifth Amendment right to remain silent so they don’t say something that could be used against them in court. The Fifth Amendment protects people from self-incrimination, meaning they cannot be forced to testify or give evidence that makes them look guilty.