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Trump Signs Order Targeting Flag Desecration in Challenge to First Amendment Rulings

An arrest near the White House followed within hours.

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)
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Overview

  • The directive tells Attorney General Pam Bondi to prioritize prosecutions when flag desecration accompanies violent conduct, property damage, civil-rights offenses, or other violations.
  • Federal agencies are to refer cases to state and local prosecutors and to seek visa revocations, halted residency or naturalization, and removal for noncitizens tied to flag desecration.
  • The order authorizes litigation to test First Amendment limits but does not itself criminalize flag burning, despite Trump's public remark that offenders should serve one year in jail.
  • Supreme Court rulings in Texas v. Johnson (1989) and United States v. Eichman (1990) established that flag burning is protected symbolic speech.
  • Hours after the signing, a person was arrested for burning a U.S. flag near the White House, as civil-liberties groups and some conservative voices condemned the policy as unconstitutional.