President Donald Trump on Monday signed an executive order directing the Justice Department to investigate and prosecute individuals who burn the American flag — an act the U.S. Supreme Court has long recognized as protected political expression under the Constitution.
The order acknowledges the court’s 1989 5-4 ruling that flag burning is safeguarded by the First Amendment but argues prosecutions are possible if the act is deemed “likely to incite imminent lawless action” or constitutes “fighting words.”
“You burn a flag, you get one year in jail,” Trump said at the Oval Office ceremony. “It goes on your record, and you will see flag burning stopping immediately.”
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The order also instructs Attorney General Pam Bondi to pursue litigation aimed at challenging the 1989 decision, hoping the current conservative-leaning court will revisit the issue. Trump noted that three of today’s justices were appointed by him.
Civil liberties advocates immediately raised concerns, calling the order unconstitutional. “The government can’t prosecute protected expressive activity — even if many Americans, including the president, find it offensive,” said Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression.
The 1989 case, Texas v. Johnson, held that burning the American flag is symbolic speech. Among the majority was conservative Justice Antonin Scalia, whom Trump has often praised. On Monday, Trump described that court as a “very sad court.”
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The president claimed flag burning fuels unrest and cited recent protests, though critics said incidents remain rare. “I don’t think this is a big problem,” said Cornell law professor G.S. Hans. “It’s a solution in search of a problem.”
The order calls flag desecration “uniquely offensive and provocative” and permits immigration consequences — including visa revocation and deportation — for foreign nationals involved.
Trump has long pushed the issue. After his 2016 election victory, he declared that anyone burning the flag should face jail time or even lose citizenship, though the Constitution bars stripping natural-born Americans of their citizenship.
Source: Agency