Overview

• The order instructs Attorney General Pam Bondi to prioritize prosecutions where flag burning is linked to harms unrelated to expression, including violence, property damage, discrimination, or other civil-rights violations.
• It directs the Justice Department to refer cases to state and local authorities and to pursue litigation aimed at clarifying the scope of First Amendment protections.
• Trump declared that anyone who burns a flag would "get one year in jail" with no early release, a pledge that conflicts with Supreme Court precedent and exceeds what an executive order can mandate.
• The directive extends to immigration, telling agencies to deny or revoke visas, residency and naturalization benefits for noncitizens involved in flag desecration and to seek removal where permitted by law.
• Civil-liberties groups and legal scholars say the policy is unconstitutional under Texas v. Johnson (1989) and U.S. v. Eichman (1990) and indicated court challenges are forthcoming.