Overview
- At a White House roundtable, President Trump said “we took the freedom of speech away” and asserted a one‑year penalty for inciting riots tied to flag burning, a punishment not specified in his executive order.
- The August 25 order instructs the Justice Department to prioritize cases where flag desecration can be charged under existing public‑safety or disorder laws, and it directs immigration officials to weigh visa or naturalization consequences for noncitizens.
- Officials have emphasized content‑neutral enforcement, exemplified by a post‑order arrest outside the White House for violating National Park Service fire rules rather than for expressive conduct.
- White House spokeswoman Abigail Jackson said Trump will protect the First Amendment while pursuing policies to prevent violence, and Attorney General Pam Bondi has argued prosecutions can proceed without violating free‑speech protections.
- Legal scholars point to Texas v. Johnson (1989), U.S. v. Eichman (1990), and the Brandenburg incitement standard to argue the effort is unlikely to withstand constitutional scrutiny, and civil‑liberties groups are preparing challenges.