Overview

• Signed Aug. 25, the order directs Attorney General Pam Bondi to prioritize prosecutions using content-neutral statutes, refer potential violations to state and local authorities, and pursue litigation to clarify speech limits.
• A man identifying himself as Army veteran Jay Carey burned a flag outside the White House the day of the order and was charged under a federal parks fire law, illustrating the enforcement path via adjacent regulations.
• Texas v. Johnson (1989) and United States v. Eichman (1990) held flag burning is protected expression, even as the order labels it uniquely provocative and President Trump claimed violators would face a year in jail, a penalty not contained in the order.
• Civil-liberties attorneys from groups including the ACLU and FIRE say prosecutions targeting flag burners will likely run into settled precedent and warn that immigration-related penalties for noncitizens raise constitutional issues.
• Political reaction has been sharp, with some conservatives defending free-speech protections and commentators calling the move a tactical play that leverages polling showing most Americans favor making flag burning illegal.