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Trump Orders DOJ Crackdown on Flag Desecration, Defying Supreme Court Precedent

The directive leverages existing statutes plus immigration consequences to test the boundaries of First Amendment protections.

President Donald Trump holds up a signed executive order requiring the Justice Department to investigate instances of flag burning, in the Oval Office of the White House, Monday, Aug. 25, 2025, in Washington. (AP Photo/Evan Vucci)
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Overview

  • Signed Monday, the executive order directs Attorney General Pam Bondi to prioritize prosecutions where flag desecration is tied to other violations such as violent crime, property damage, or civil-rights offenses.
  • The order does not create a new federal crime of flag burning and instructs federal agencies to refer potential state or local violations, including open-burning rules, to local authorities.
  • It authorizes the Justice Department to pursue litigation aimed at clarifying narrow First Amendment exceptions related to conduct during flag desecration.
  • Noncitizens who desecrate the flag may face visa revocations, halted naturalization proceedings, or removal, according to the order's immigration provisions.
  • Hours after the signing, a person was arrested for burning a U.S. flag near the White House, as civil-liberties groups and several conservative commentators condemned the directive as unconstitutional under Texas v. Johnson and U.S. v. Eichman.