Trump signs executive order criminalizing flag burning despite SCOTUS protection
President Donald Trump signed an executive order on Monday that would lead to a crackdown on flag burning, despite the Supreme Court of the United States ruling in 1989 that flag burning is protected speech.
Trump used the executive order to defend and praise the American flag, and said "many thousands of American patriots have fought, bled and died to keep the Stars and Stripes waving proudly," according to the order in a statement .
"The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life," the order read. "Desecrating it is uniquely offensive and provocative. It is a statement of contempt, hostility and violence against our Nation — the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security."
Trump added that burning "this representation of America" would "incite violence and riot."
The order does reference the First Amendment protection that flag burning has as a result of the Supreme Court case Texas v. Johnson. But, Trump's order read, "the court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to 'fighting words' is constitutionally protected."
The administration will "prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country," Trump's order read.
"To the maximum extent permitted by the Constitution, the Attorney General shall vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag, and may pursue litigation to clarify the scope of the First Amendment exceptions in this area," the order continued.
The Supreme Court took on the flag-burning as free speech case after, in 1984, Gregory Lee Johnson burned an American flag outside the Republican National Convention in Dallas, Texas, in protest of President Ronald Reagan's policies, according to the Federal Judiciary's website .
Johnson was charged with violating a Texas statute, which prevented the desecration of a venerated object, the website read. While a Texas court convicted him, a 5-4 majority on the Supreme Court favored Johnson, calling flag-burning a form of "symbolic speech" that is constitutionally protected.
Trump's latest executive order comes after he has made several comments against flag-burning. He brought it up after demonstrations against Immigration and Customs Enforcement (ICE) raids in Los Angeles, and used it as a talking point on the campaign trail and during his first term.
"Now, people will say, 'Oh, it's unconstitutional,'" Trump told Fox News during an interview in July 2024. "Those are stupid people."
During a rally in Tulsa, Oklahoma, in June 2020, Trump previously said there should be a one-year penalty for flag-burning, USA Today reported.
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