On August 25, 2025, President Donald Trump signed an executive order directing the Department of Justice to prioritize prosecuting individuals who burn the American flag.
The order comes despite a 1989 Supreme Court ruling in Texas v. Johnson, which declared that flag burning is protected under the First Amendment as a form of free speech.
The executive order instructs Attorney General Pam Bondi to enforce existing laws against flag desecration when it overlaps with other offenses, such as inciting violence or committing hate crimes.
During the signing, President Trump stated that those convicted of flag burning should face “one year in jail,” although the order does not formally impose a specific jail term.
The move has drawn criticism from First Amendment advocates. Bob Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression (FIRE), said the president cannot override constitutional protections through an executive order.
Social media users have also highlighted that the Supreme Court ruling still protects flag burning, with some White House posts flagged with community notes for clarification.
The executive order acknowledges the Supreme Court’s 1989 decision but argues that flag desecration can be prosecuted if it is “likely to incite imminent lawless action” or constitutes “fighting words.”
The development has sparked debate over the balance between free speech and the government’s interest in protecting national symbols. Legal experts expect the order to face significant challenges in court.
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