President Donald Trump signed an executive order on Aug. 25 aimed at penalizing individuals who burn the American flag.
“If you burn a flag, you get one year in jail,” Trump told reporters in the Oval Office. Although the order does not specify jail time, Trump argued it would deter the practice immediately.
Legal Context
The Supreme Court ruled in Texas v. Johnson (1989) that flag burning is a protected form of political expression. In a 5-4 decision, the Court said the act itself constitutes symbolic speech and cannot be criminalized.
Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, said the executive order is unlikely to survive legal scrutiny.
“Flag burning as a form of political protest is protected by the First Amendment,” Corn-Revere noted. “President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t.”
Administration’s Defense
Attorney General Pam Bondi said the administration would apply the order in a way that complies with existing law.
“We will do that without running afoul