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Trump Orders DOJ Crackdown on Flag Desecration, Testing First Amendment

The move sets up a direct challenge to rulings that treat flag burning as protected speech.

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FILE - An American flag is burned during a march for Jayland Walker, July 6, 2022, in New York. (AP Photo/Frank Franklin II, File)
WASHINGTON, DC - AUGUST 25: U.S. President Donald Trump signs executive orders in the Oval Office at the White House on August 25, 2025 in Washington, DC. Furthering his federal takeover of the capital city’s law enforcement, Trump signed orders ending cashless bail in the District of Columbia, mandating prosecution for people who desecrate the American flag, including by burning it, and other orders. (Photo by Chip Somodevilla/Getty Images)
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Overview

  • President Trump signed an executive order directing Attorney General Pam Bondi to prioritize prosecutions tied to flag desecration under existing, content‑neutral laws.
  • The directive does not create a new federal crime but urges use of statutes such as property damage, public‑order or open‑fire rules, with referrals to state and local authorities when appropriate.
  • The order instructs the administration to pursue immigration consequences for noncitizens involved in desecration, including visa revocations, halted naturalization and potential removal.
  • The White House signaled a legal strategy to seek cases that could narrow Texas v. Johnson, with the order authorizing litigation to clarify the scope of First Amendment protections.
  • Hours after the signing, a man was arrested near the White House for burning a flag under park fire rules, as civil‑liberties groups and several conservative commentators condemned the order as unconstitutional.