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Trump Orders DOJ to Pursue Flag-Desecration Cases, Testing First Amendment Precedent

The order relies on existing laws to prosecute related offenses, signaling a push to challenge Supreme Court protections for flag burning.

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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 in cases where flag desecration coincides with other violations, such as violent crimes, property damage or open-burning rules.
  • The directive instructs agencies to seek immigration penalties for noncitizens who desecrate the flag, including revoking visas or residency and pursuing removal where permitted by law.
  • The White House says prosecutors may pursue litigation to narrow the scope of First Amendment protections, directly confronting Texas v. Johnson (1989) and U.S. v. Eichman (1990).
  • Civil-liberties groups and several conservative commentators called the move unconstitutional, noting that presidents cannot override Supreme Court precedent or create new crimes by executive order.
  • Hours after the order was signed, a person who burned a flag near the White House was arrested under park fire regulations, illustrating early enforcement under non-speech-related statutes.