Keep in mind our Online Discussion Guidelines:
https://openlab.bmcc.cuny.edu/pol-100-introduction-to-american-government-artinian/online-discussion-guidelines/
Instructions for completing this discussion board assignment:
a) Identify which discussion question you are answering in your comment by placing the relevant number at the start of your answer. For example:
2. Crime has often been used as a form of social control by…
4. Michelle Alexander’s argument about segregation…
b) Respond to two other students’ comments.
Respond to the following questions in the “Comment” box below:
- Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
- Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
- What does it mean when someone says “I’m taking the Fifth”?
1. The establishment clause is created to prevent the government from creating and promoting a specific religion. Instead they allow individuals to practice freely without interference. The related “lemon test” is designed to help the government decide if a new law would be promoting religion.
2. The first amendment does not protect you if burn the US flag because in the case we see that doing this is considered unconstitutional even if you are doing it as freedom of speech. The case also shows that laws can overpass your rights and charge you for burning it.
3. When someone says “Im taking the Fifth” it means that the person is not talking while being persecuted to avoid giving details that will make them look guilty wrongfully.
Hey Kyara, good insight. I see our answers are similar.
great thought concept
Hey great work on this, your responses was clear and understandable. I thought burning the was safe under the 1st amendment but you helped me understand why it wasnt
Hi Kyara,
Well done, but review Q2, there’s a specific section in our reading in this module, which discusses the flag burning case.
Hello Professor and classmates 🙂
Question #1). Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
Answer: My understanding of the “Establishment Clause” and the related “Lemon Test” are as follows
Establishment Clause prevents the government from establishing a religion.
Lemon Test courts use to figure out if governmental actions violate the Establishment Clause of the First Amendment of the Constitution.
Question #2). Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading
Answer: Burning the US flag is protected by the First Amendment. The First Amendment protects a certain form of symbolic speech. If an individual burns the US flag can be fined or imprisoned.
Question #3). What does it mean when someone says “I’m taking the Fifth”?
Answer: When someone says “I’m taking the Fifth” this means that you refuse to answer a question. Taking the Fifth eliminates self-incriminating.
Hey your responses is clear and simple, great work as always
I love your responses, I can really understand from your point of view.
Well done, clear answers and to the point!
1- The establishment clause prevents the congress from creating/promoting a state sponsored region. The lemon test is to decide whether a law or goverment action should be allowed to stay.
2- Burning the flag is protected under the 1st amendement because it is a form of symbolic speech.
3- Taking the fifth means a person nobody should be compelled to be a witness against himself.
this is clear and very simple to understand
I like the way you explained your answers it was very clear.
Good!
1) My knowledge of each term goes as follows; the use of the “Establishment Clause” is to prevent the government (congress) from creating, or promoting a state-sponsored religion. The “Lemon test” is a method of decision making on whether an action is made, such as a law that should allow the promotion to stand.
2) Although part of the first amendment is the freedom of speech, it is illegal to burn the U.S flag, nor will there be protection against you. It is ultimately unconstitutional, and in order to respect its pride behind the flag, laws have been placed to prevent this act of belittling it.
3)“Taking the fifth” stands for the choice to no longer testify to what may be the possibility of further incriminating yourself.
This is well answered and clear.
Review Q2 🙂 (also, because you have to write about it on the exam!)
1.The establishment clause means that the government is not allowed to force any religion on the people. The government is also not allowed to favour a religion over the other.The lemon test allows the government to test whether or other government action that promotes particular religion should be allowed to stand.
2.Burning the US flags is protected under the first amendment . The first amendment protects the right to express your views publicly and religious freedom. Burning a flag is looked as a symbolic speech.It is expressing your views .
3.Im taking the fish means the right to remain silent.You are allowed to raisin silent in order to not give law enforcement or a court evidence that suggest guilt or responsibility of a crime.
your comment allowed me to understand this more ! good wording .
1. According to the reading, establishment clause is that congress is prohibited from creating or promoting a state-sponsored religion. Is preventing the government from supporting laws, actions, and money. The Lemon test is when the government action violates the establishment clause unless it has a significant purpose.
2. The U.S flag is protected by the first amendment because in 1984, once Gregory Lee Johnosn, a member of the pro communist and antiwar group, burnt the U.S flag was arrested. However, the supreme court decided that burning the flag was a form of symbolic speech.
3. Taking the fifth means when the person is excusing him or herself form answering a question, just so they wont incriminate themselves.
1.In the article the establishment clause is when congress is not allowed to make laws that enforce a certain religion on the people.The government is not allowed to favor one religion than the other. The lemon test is when the government violated the establishment clause unless it is necessary.
2.The burning of the U.S flag is protected under the first amendment because that is when a person is practicing their first amendment rights. The first amendment when you are practicing your first amendment rights.
3.When you plead the fifth is when a person chooses not to speak until they have a attorney. They choose not to speak to avoid saying anything that can be used against them.
1- The establishment clause is when congress is not allowed to make laws that makes a certain religion forces unto the people. The lemon test is when government violates the establishment unless necessary.
2- if you burn the US flag it is protected by the first amendment because that declares freedom of speech. It allows you to express your views and say how you feel .
3- When someone say “i am taking the fifth” it means they aren’t going to talk which they choose not to speak u til they have someone to protect them. They choose not to speak so nothing is used against them in the end and noone is there to back them up.
Yes, on Q2, but why specifically, is it constitutional to do that (this is also what the exam paper asks you to write about )…
1. I understand the establishment clause because it prevents the congress from advertising religion. I understand the lemon test is a way the government makes decisions & violates the establishment clause unless it is needed.
2. Burning the US flag is protected by the first amendment because it is a form of freedom of speech.
3. When someone says “I’m taking the fifth “ they mean that they refuse to speak on a certain topic when asked.
Edmin Alicea
10/25/20
1. Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
Answer:
.The Establishment Clause is a protection of 2 freedoms. Protects people from having religious beliefs imposing on them from the government. It protects them from having self religious beliefs that is restricted by the authorities of the government.
.The Lemon Test is form of deciding what law or action by government authority should take that would rank a religious practice that’s allowed to stand.
2. Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Answer: Burning the flag is protected by the first amendment because its symbolic for freedom of speech. Which to be honest I don’t blame based on how society is now especially this year.
3. What does it mean when someone says “I’m taking the Fifth”?
Answer: “Taking the Fifth” means its the right to remain silent, refusing to testify.
1.Describe how you understand the “Establishment Clause” and the related “Lemon Test”.
They both are involved with the freedoms of having whichever religion . No one is able to dictate one religion for its government. The Lemon Test helps those protect their religion in a way .
2.Is burning the US flag protected by the First Amendment? Explain by referring to the relevant court case discussed in the reading.
Burning the US Flag is protected by the first amendment as it’s referred as a way of representing freedom of speech.
3.What does it mean when someone says “I’m taking the Fifth”?
When someone says they plead the fifth , they could resist and not respond to any questions of any crimes they’re accused of till they have a legal attorney .
1. The First Amendment’s Establishment Clause forbids the government from making any law that respects the establishment of religion. The government is prohibited from establishing an official religion or any actions that favor a particular religion. On the other hand, the Lemon Test refers to the test that courts use in determining whether government actions violate the Establishment Clause (Abramson, and Godoy). For instance, it can be used to determine whether the government tried prohibiting freedom of religious expression.
2. Burning the U.S. flag protected by the First Amendment as ruled by the Supreme Court in Texas v. Johnson. However, this court’s decision only applied to the laws of the state of Texas. The burning of the U.S. flag remains controversial to date, thereby dividing the country into two groups.
3. The phrase “taking the Fifth” is used in relation to the Fifth Amendment, which deters people from testifying against themselves. Moreover, it ensures that anyone accused of a crime has to be notified of the charges and given a fair trial (Abramson, and Godoy). It’s one of the essential amendments of the constitution listed in the Bill of Rights and most familiar to American citizens. It protects the individual from being tried or punished twice for the same crime. Moreover, it gives the citizens the right to be compensated reasonably if the government wants to use private property. Previously, the colonial government would try or punish an individual twice for the same crime; thus, the public had not to voice. It was designed to protect citizens from judicial abuse.