President Donald Trump issued an executive order on Monday directing the Justice Department to investigate and prosecute individuals who burn the American flag. The U.S. Supreme Court has previously declared flag-burning as a form of protected political expression under the U.S. Constitution. Trump’s order recognized the court’s 1989 ruling from a Texas case but suggested prosecuting flag-burning if it poses a risk of inciting lawless behavior or constitutes “fighting words.”
Trump emphasized that individuals caught burning the flag would face one year of imprisonment and a permanent record, asserting that this strict punishment would deter such actions. Additionally, the executive order tasked U.S. Attorney General Pam Bondi with challenging the 1989 ruling, aiming to bring the issue before the current more conservative Supreme Court, which includes three of Trump’s appointees.
Critics, including civil liberties advocates and legal experts, raised concerns about the legality and rationale behind Trump’s directive. They argued that the President lacks the authority to alter the First Amendment, emphasizing that while burning objects in restricted areas can lead to prosecution, constitutionally protected expressive activities cannot be punished.
In response to the order, a White House fact sheet referenced recent protests, citing instances of flag-burning alongside violent acts that threatened public safety. Trump condemned flag-burning as a catalyst for riots and expressed concern over the perceived increase in such incidents across the country and globally.
Notably, the executive order characterized flag desecration as “uniquely offensive and provocative,” highlighting it as a symbol of opposition to the nation’s core values and security. It urged the attorney general to enforce laws against flag-burning that cause harm beyond the boundaries of free speech protection.
Furthermore, the order outlined potential consequences for foreign nationals, including revocation of visas, residency permits, and deportation, if found guilty of flag-burning. Trump’s focus on flag-burning dates back to his first presidential election victory in 2016, where he advocated for penalties such as imprisonment and loss of citizenship for offenders.
While the President’s order reiterates his stance on the issue, it has reignited debates on the limits of free speech and governmental authority in regulating symbolic acts of dissent.