President Donald Trump has signed a new executive order directing the Justice Department to prosecute individuals who burn or desecrate the American flag. The order prescribes a mandatory one-year prison sentence, with no option for early release or leniency.
According to the order, Attorney General Pam Bondi must ensure strict prosecution of such cases and challenge the Supreme Court’s 1989 ruling in Texas v. Johnson. That decision affirmed that flag burning is a form of symbolic expression protected by the First Amendment.
The order also extends to foreign nationals, warning of possible visa cancellations and deportation for non-citizens found guilty of desecrating the U.S. flag. Critics argue this measure mirrors authoritarian laws that enforce loyalty through symbolic gestures.
Constitutional experts were quick to push back. The Foundation for Individual Rights and Expression (FIRE) said the president “cannot override constitutional protections by executive action.”
Legal scholars added that the directive lacks evidence linking flag burning to violence, calling it a political move rather than a practical solution.
The constitutional backdrop of this debate is rooted in Texas v. Johnson (1989) and United States v. Eichman (1990). Both rulings struck down federal and state bans on flag desecration, reinforcing the principle that free expression—no matter how offensive—remains protected.
Commentators also pointed out the irony of Trump challenging a position once defended by conservative Justice Antonin Scalia. Scalia sided with the majority in Texas v. Johnson, emphasizing that even unpopular speech deserves protection.
Analysts suggest that Trump is using this executive order to appeal to his law-and-order base, despite legal hurdles. With courts likely to strike down the directive, the controversy highlights the clash between executive power and constitutional freedoms.
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