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11m ago

Arrest Follows Trump Order Targeting Flag Burning as Free-Speech Clash Deepens

The directive steers prosecutors to existing, content-neutral laws with referrals to state authorities.

Jay Carey, an Army veteran, was arrested after burning an American flag to protest President Donald Trump's executive order seeking to punish those who burn the flag.
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Overview

  • President Trump issued an Aug. 25 executive order titled “Prosecuting Burning of the American Flag,” directing the attorney general to prioritize cases tied to other crimes.
  • The Secret Service detained a man in Lafayette Park for igniting an object and turned him over to U.S. Park Police, who arrested him for a prohibited fire under 36 CFR 2.13(a)(1).
  • Video from the scene identified the protester as Army veteran Jay Carey, who said flag burning is protected under the First Amendment before setting a flag on fire.
  • The order does not create a new federal offense and calls for referrals to state or local authorities where open burning, disorderly conduct, or property-damage laws may apply.
  • A USA TODAY opinion column argues the order tries to sidestep Supreme Court precedents protecting flag burning and notes Trump’s statement that offenders should face a one-year jail term.