Overview

• During a White House roundtable on antifa, Trump said his team imposed a one‑year penalty for conduct tied to flag burning and declared, “We took the freedom of speech away.”
• The August executive order directs the Justice Department to prioritize cases linked to flag desecration using existing laws and contemplates immigration consequences for noncitizens.
• Supreme Court decisions in Texas v. Johnson (1989) and U.S. v. Eichman (1990) hold that flag burning is protected expressive conduct under the First Amendment.
• Enforcement to date has relied on content‑neutral rules, including a U.S. Park Police arrest for violating a National Park Service fire policy shortly after the order was signed.
• Civil‑liberties attorneys warn the policy is likely unconstitutional, while the White House says Trump supports the First Amendment and aims to prevent violence at protests.