Overview

• At a White House roundtable, President Trump claimed his team imposed a one-year penalty tied to incitement while discussing efforts to target flag burning.
• An August 25 executive order told the attorney general to prioritize prosecutions related to flag desecration under existing laws and urged immigration consequences for noncitizens.
• The order did not create a new crime, and early enforcement has relied on content‑neutral rules such as fire and public‑safety regulations.
• Hours after the order, U.S. Park Police arrested a person for violating National Park Service fire policy near the White House, not for the act of political expression itself.
• First Amendment experts, citing Texas v. Johnson and U.S. v. Eichman, say the policy is unlikely to survive court challenges, while the White House argues it aims to prevent violence without abandoning free speech protections.