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Trump Signs Order Targeting Flag Desecration With Prosecutions and Immigration Penalties

The directive tests decades-old Supreme Court rulings that protect flag burning as symbolic speech.

Image
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.
President Donald Trump kisses and hugs the flag of the United States of America at the 2020 CPAC convention.

Overview

  • The order directs Attorney General Pam Bondi to prioritize prosecuting conduct involving flag desecration under existing criminal and civil statutes and to refer qualifying cases to state and local prosecutors.
  • It instructs the Justice Department to pursue litigation aimed at clarifying or narrowing First Amendment precedent, including the 1989 Texas v. Johnson decision.
  • Trump said people who burn a flag should get one year in jail with no early release, though the order’s text does not set a sentence, according to reporters who reviewed it.
  • The directive authorizes immigration actions against noncitizens who desecrate the flag, including revoking visas, halting naturalization proceedings, and seeking removal.
  • Civil-liberties groups and legal scholars say the policy conflicts with Supreme Court rulings and is expected to face immediate constitutional challenges.