A US veteran was arrested on Monday after setting fire to an American flag near the White House in protest of President Donald Trump’s executive order declaring that the act would be prosecuted. The order directs the Attorney General to pursue legal clarification on First Amendment limits, enforce laws against flag-related crimes, and refer violations to state or local authorities when applicable. Federal officials are instructed to deny or revoke visas, residence permits, or naturalization for foreign nationals who engage in such acts.
Secret Service agents detained Jay Carey, a combat veteran of 22 years, because he violated a previous law prohibiting setting fires in federal parks. In 1989, the Supreme Court ruled 5-4 in Texas v. Johnson that burning the American flag is protected political expression under the First Amendment. The ruling invalidated flag-burning laws in 48 states. The Trump administration argues that the executive order is within the bounds of the Supreme Court decision, citing that the order exclusively bans flag burning that “incites riot,” an action not protected by the First Amendment. Trump has previously advocated for criminalizing flag burning.
Voices on the Left called the executive order a violation of the First Amendment and in direct opposition to the previous Supreme Court ruling and defended Carey’s actions. Voices on the Right defended the order to varying degrees, ultimately agreeing something needed to be done about flag burning.
Jim Stewartson (Left) posted on X, “This man did what has been adjudicated by the Supreme Court to be protected free speech—burning the American flag in protest. This is unconstitutional, illegal detention, search and seizure. However, simply by exercising his rights, he defended them. Proud of this patriot.”
Matt Walsh (Right) stated, “The people who burn the flag are, without exception, degenerate communist filth who want you and your family dead and your nation destroyed. You don’t have to debase yourself by defending these scumbags just because five random Supreme Court justices in the 80s decided out of nowhere that burning the flag is a God given right.”
Angela Belcamino (Left) wrote, “I believe that burning the American flag is offensive; however, it is protected speech under the First Amendment. Being an advocate for free speech means supporting the right to all forms of expression, even those you may personally disagree with.”
Cody Russell (Right) wrote in a post on X, “Some will say burning the American flag is their First Amendment right. I put everything on the line for that flag, and watched some people lose everything for that flag. If you want to burn it, you shouldn't be here! And if it happens in front of me, I will need bail money.”
A post on X by Brian Allen (Left) stated, “A veteran was just arrested outside the White House for burning the American flag. In 1989, the Supreme Court ruled flag burning is protected speech under the First Amendment. Trump’s crackdown doesn’t override the Constitution, it violates it. If we’re locking up veterans for expression, we’re not defending America. We’re impersonating China.”
Kaizen Aseidu (Lean Right) posted, “I hate flag burning. But Americans should be able to burn the flag. Non-citizens should not. Non-citizens are guests in America, and should be held to a higher standard. Which they already are.”
