On Monday, President Donald Trump signed an executive order. This order is meant to go after those who burn the American flag and punish them. The order restores the one-year standard jail sentence for anyone convicted of such a crime. Trump claims this measure is necessary to combat the increasing public disorder he says has stemmed from these moves.
In a statement during the signing ceremony, Trump asserted that flag burning “incites riots at levels we’ve never seen before.” He emphasized the need for a stern response, declaring, “If you burn a flag, you get one year in jail; no early exits, no nothing.” The executive order calls on Attorney General Pam Bondi to adopt bold enforcement. She will seek to bring flag-burning prosecutions wherever they’ll stick, and to the fullest extent of the law.
This move represents a direct challenge to a Supreme Court decision from 1989. His decision found flag burning to be protected free speech, setting that precedent under the First Amendment. Today’s ruling made it clear that these kinds of acts amount to protected political speech. At the same time, the executive order recognizes this clear legal precedent, yet attempts to nullify its impacts. The order claims that flag burning is being used by foreign nationals to intimidate and threaten Americans, framing it as “likely to incite imminent lawless action.”
Free speech advocacy group FIRE has been vocal in opposition to the executive order. Moving quickly, they countered Trump’s effort to undermine fundamental constitutional protections. A spokesperson from FIRE stated, “President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t.” They further argued, “The government can’t prosecute protected expressive activity — even if many Americans, including the president, find it ‘uniquely offensive and provocative.’”
In opposition to Trump’s position, many legal experts have expressed doubts about the necessity for, or the legality of, such an executive order. GS Hans commented, “I don’t think this is something that has been a big problem,” and added, “It’s a solution in search of a problem.”
The executive order would require penalties for anyone who owns the flag, intentionally burns the flag. It points to a larger effort by the Trump administration to label any form of dissent as a danger to the nation’s peace and order. The administration is pushing for heavy-handed enforcement against flag burning as a way to galvanize its base. This drastic step reopens a vital national conversation on free speech and civic expression.
