President Donald Trump signed an executive order on Monday directing federal agencies to take aggressive steps against desecration of the American flag, reviving one of his longstanding campaign promises.
The order instructs the Justice Department to prioritize enforcement of federal and state laws that could be applied to flag desecration when it is tied to violence, property destruction, or civil rights violations. It also authorizes the Departments of Justice, Homeland Security, and State to deny visas, revoke immigration benefits, or pursue deportation of foreign nationals who engage in flag desecration under certain circumstances.
While the Supreme Court has held that flag burning is protected symbolic speech under the First Amendment, Trump’s order argues that the Court has left open the door to criminal penalties when such acts incite violence, amount to “fighting words,” or otherwise violate content-neutral laws such as fire safety or disorderly conduct regulations.
Americans can expect the order to draw immediate constitutional challenges. In Texas v. Johnson (1989), the Court struck down state laws banning flag burning, declaring that government cannot prohibit expression simply because it is offensive or disagreeable. Trump’s directive appears to test the boundaries of that ruling by tying enforcement to other criminal conduct or immigration law.
The move fulfills one of Trump’s repeated commitments to “restore respect and sanctity” to the American flag, a theme he has emphasized at rallies and in his 2025 campaign platform. Supporters view the executive order as a defense of national unity and patriotism, while critics see it as a direct attack on free speech rights.
Because the order relies on existing statutes rather than creating new crimes, its practical impact may be limited to encouraging prosecutors and agencies to act more aggressively in cases where flag burning overlaps with other offenses. Still, the administration signaled its intent to pursue litigation aimed at clarifying or narrowing the scope of First Amendment protections in this area.
The executive order also includes a severability clause, meaning if portions of the order are struck down, the remaining sections would remain in effect.
With the directive, Trump has reignited one of the nation’s most potent free speech debates — one that will now likely be litigated again in federal court.
So wearing the flag on your private parts is ok, but burning it isn’t?
Who ever burns the American flag should be charged with arson, disorderly conduct, desecration of national symbol, destruction of property, in-sighting a riot, social disobedience and should be deported, period, end of story.
And don’t give me this ”its an act of exercising free speech, first amendment rights”.
It used to be a crime to desecrate our country’s flag. When did it stop being a crime?