By: Cameron Moore
President Donald Trump signed an executive order on Aug. 25 to pursue legal action against individuals who burn the American flag. The order instructs the Attorney General to “vigorously prosecute” when flag burning overlaps with existing crimes such as arson, property destruction, or incitement to violence. “The American flag is a sacred symbol of freedom, and those who desecrate it should be held accountable,” Trump said in a statement released by the White House.
The move directly challenges the Supreme Court’s decisions in Texas v. Johnson (1989) and United States v. Eichman (1990). In those rulings, the court held that flag burning is a form of symbolic political expression protected under the First Amendment. The decisions struck down federal and state laws criminalizing the desecration of the flag.
Civil liberties advocates denounced Trump’s executive order as unconstitutional. Other critics argue this could lead to selective enforcement, particularly against political protesters and non-citizens, the latter of which may now face deportation for expressing their First Amendment right. In a statement by the White House, Trump wishes to “pursue litigation to clarify the scope of the First Amendment in this area”, appearing to want to challenge the previous Supreme Court rulings. Similarly seen before where Trump successfully reversed rulings by the Supreme Court, specifically in the case of abortion rights in Roe v. Wade.
Supporters of the measure praised the president for taking action on what they see as a deeply offensive act. Some veteran groups and conservative lawmakers have long pushed for stricter penalties, arguing that burning the flag undermines unity and disrespects national values.
The order is expected to face immediate legal challenges. Constitutional experts predict courts will block attempts to criminalize flag burning, citing clear precedent. In a statement by Robert Corn-Revere, Chief Counsel at the Foundation for Individual Rights and Expression (FIRE), “You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say. “
