Overview

• Trump posted on Truth Social that anyone burning the American flag will be immediately arrested and subject to a one-year prison term, citing his August 25 executive order.
• The executive order did not create a new crime, directing the Justice Department to prioritize prosecutions under existing laws to the maximum extent permitted by the Constitution.
• The Supreme Court ruled in Texas v. Johnson (1989) and United States v. Eichman (1990) that flag burning is protected by the First Amendment.
• White House spokeswoman Abigail Jackson said Trump will safeguard free speech while pursuing commonsense, tough-on-crime measures to prevent violence and chaos.
• Fox News reported that the Justice Department did not immediately comment as legal experts warned the push could trigger significant court challenges if arrests proceed.