WASHINGTON, D.C. — On Monday, August 25, 2025, President Donald Trump signed an executive order instructing federal prosecutors to pursue criminal charges against individuals who burn the American flag, a move that directly challenges a 1989 Supreme Court ruling. The landmark Texas v. Johnson decision, affirmed in a 5-4 vote, established flag burning as protected speech under the First Amendment, but Trump’s directive seeks to sidestep this precedent, according to The Guardian.
Speaking in the Oval Office, Trump declared, “If you burn a flag, you get one year in jail, no early exits, no nothing,” arguing that flag burning incites riots and reflects contempt for the nation. The order directs Attorney General Pam Bondi to prosecute cases involving flag desecration under existing laws, such as disorderly conduct or public nuisance statutes, and to explore litigation to narrow First Amendment protections. It also calls for state and local authorities to handle cases where applicable.
The executive order further targets noncitizens, directing the Departments of State and Homeland Security to revoke visas or deport foreign nationals involved in flag burning. Critics, including the ACLU, condemned the move as a violation of free speech. “Flag burning is protected expression, no matter how offensive,” a spokesperson for the Foundation for Individual Rights and Expression told The Guardian. Legal experts warn the order may face swift court challenges, citing the Supreme Court’s clear stance in 1989.
Key aspects of the order include:
- Prosecuting flag burning under laws like disorderly conduct.
- Targeting noncitizens with visa revocation or deportation.
- Pushing to revisit First Amendment exceptions in court.
Trump’s long-standing push to criminalize flag burning, echoed in his 2016 calls for jail time or loss of citizenship, has reignited debates over patriotism and free speech as the nation approaches its 250th anniversary.
