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Trump Signs Order Targeting Flag Desecration With Prosecutions Under Existing Laws

The directive challenges a 1989 Supreme Court ruling that protects flag burning as speech.

Overview

  • The order instructs Attorney General Pam Bondi to prioritize cases where flag desecration coincides with violent crimes, property damage, civil-rights violations, or other harms unrelated to expression.
  • It extends enforcement to immigration by directing visa revocations, denial of benefits, and potential removal for noncitizens who desecrate the flag.
  • The directive relies on federal, state, and local statutes and does not itself create a new crime, even as the president publicly advocates a one-year jail penalty.
  • The Justice Department is told to refer incidents to local authorities when applicable and to pursue litigation to test the scope of First Amendment exceptions.
  • Hours after the signing, authorities arrested a man near the White House for burning a flag, and civil-liberties groups along with several conservative commentators denounced the order as unconstitutional.