President Trump Monday signed an govt order that goals to prosecute burning of the American flag, though the Supreme Courtroom has dominated it’s respectable political expression protected by the First Modification.
The order, which acknowledges the highest courtroom’s 1989 ruling on the problem, instructs the Justice Division to analyze and prosecute, “to the fullest extent permissible under any available authority,” anybody caught burning the Stars and Stripes, on the grounds that the motion “is likely to incite imminent lawless action.”
“[It] incites riots at levels we’ve never seen before,” Trump advised reporters at a White Home signing ceremony, claiming that some individuals could also be “going crazy” to assist burning the flag whereas supporters could get offended at individuals for burning it.
He didn’t provide examples of such violent confrontations or in any other case clarify why new guidelines had been wanted.
“Because what happens when you burn a flag is the area goes crazy,” Trump mentioned. “If you have hundreds of people, they go crazy.”
Free-speech advocates rapidly denounced the order as unconstitutional and un-American.
“The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say,” mentioned Bob Corn-Revere of the Basis for Particular person Rights and Expression (FIRE).
The order makes an attempt to string a authorized needle by noting that nobody can be prosecuted for merely burning the flag alone, which it acknowledges may violate the First Modification guaranteeing freedom of speech.
It moderately means that they may very well be charged for burning the flag whereas “causing harm unrelated to expression.” The order says such different crimes may embrace discrimination towards U.S. residents, hate crimes or crimes towards property.
The textual content of the chief order asserts that desecrating the American flag is “uniquely offensive and provocative.”
“It is a statement of contempt, hostility, and violence against our Nation — the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security,” the order reads. “Burning this representation of America may incite violence and riot.”
The order calls on the lawyer basic to prioritize enforcement “to the fullest extent possible” of felony and civil legal guidelines towards flag burning that trigger hurt unrelated to the First Modification, though it was unclear how that might be potential.
Trump mentioned the penalty for flag-burning can be one 12 months in jail with no alternative for early launch.
The order additionally states that immigrants or guests who burn the American flag threat having their visas, residency permits, naturalization proceedings and different immigration advantages revoked. They may be completely deported.
The order seems to violate the choice within the Supreme Courtroom’s 1989 Texas v. Johnson case, which protects flag burning as respectable political expression. The late Justice Antonin Scalia, the conservative icon who Trump has repeatedly praised, joined the bulk for the ruling.
Trump mentioned the courtroom that dominated that flag burning is constitutionally protected didn’t contemplate the hazard of flag-burning.
“They called it freedom of speech,” the president mentioned. “But there’s another reason, which is perhaps much more important. It’s called death.”
Initially Printed: August 25, 2025 at 4:03 PM EDT
