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1h ago

Trump Signs Order Targeting Flag Burning With One-Year Jail Pledge

The directive sets up a test of Supreme Court rulings that protect flag burning as political speech.

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President Donald Trump holds up a signed executive order requiring the Justice Department to investigate instances of flag burning, in the Oval Office of the White House, Monday, Aug. 25, 2025, in Washington. (AP Photo/Evan Vucci)
Protesters burn an American flag in Portland, Oregon, on Nov. 4, 2020, during a demonstration organized by Black Lives Matter, a day after the presidential election. Democrat contender Joe Biden neared the 270 electoral votes needed to win the White House with several battleground states still in play, as incumbent President Donald Trump challenged the vote count.

Overview

  • President Donald Trump signed an executive order directing the Justice Department to investigate and prosecute flag desecration in cases causing harm unrelated to expression.
  • The order instructs Attorney General Pam Bondi to pursue litigation aimed at clarifying or narrowing First Amendment protections in flag-desecration cases.
  • Federal agencies are directed to refer potential violations to state and local authorities and to prioritize charges tied to other offenses such as violence, property damage, or fire-safety violations.
  • The directive includes immigration measures to deny or revoke visas and other benefits, and to seek removal of noncitizens determined to have desecrated the flag under applicable law.
  • Civil-liberties groups and legal scholars say the move is unconstitutional under Texas v. Johnson (1989) and U.S. v. Eichman (1990), signaling immediate court challenges to any prosecutions.