Trump Signs Executive Order to Prosecute Flag Burning

President Donald Trump signed an executive order on Monday to prosecute individuals who burn the American flag, assigning a penalty of one year in prison.

The Details: 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. It notes that Supreme Court rulings on the First Amendment did not extend protection to acts likely to provoke imminent lawless action or that constitute “fighting words.”

For Context: 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. Trump has previously advocated for criminalizing flag burning.

How the Media Covered It: Fox News (Right bias) highlighted recent instances where protestors have burned the American flag, including immigration protests, protests surrounding the Israel-Gaza war, and the 2020 Black Lives Matter protests. Newsweek (Center) and The Guardian (Left) both highlighted the order’s direct opposition to Texas v. Johnson. Newsweek included the history of Texas v. Johnson. The Guardian noted a 2020 survey where nearly half of Americans supported making flag destruction illegal, and about one-third believe it’s permissible.

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