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Trump Orders Crackdown on Flag Burning, Tells DOJ to Pursue Cases and DHS to Weigh Immigration Penalties

The directive challenges Supreme Court precedent protecting flag desecration as political speech, prompting swift constitutional tests.

Overview

  • The executive order instructs Attorney General Pam Bondi and the Justice Department to prioritize investigations and prosecutions tied to flag desecration using existing criminal and civil laws.
  • State and Homeland Security are directed to consider revoking or denying visas, residency, naturalization and other immigration benefits for noncitizens who profane the flag, with possible removal from the U.S.
  • Trump said offenders would face one year in jail, but the signed order does not set a specific penalty and relies on statutes such as disorderly conduct or fire regulations.
  • The order argues prosecutions are permissible where burning is likely to incite imminent illegal action or qualifies as fighting words, narrowing protections recognized in Texas v. Johnson (1989).
  • Hours after the signing, Park Police arrested a protester who lit a flag near the White House under rules against unauthorized fires, as civil-liberties groups signaled imminent legal challenges.