Trump Signs Executive Order Banning Flag Burning —Warns Those Who Desecrate Flag Will Get A Year In Jail
President Trump on Monday signed an executive order designed to prohibit the burning of the American flag, a practice that has until now been protected under the First Amendment.
“If you burn a flag, you get one year in jail — no early exits, no nothing,” Trump declared as he signed the order.
“And you will see flag-burning stopping immediately,” he continued, adding that a similar move during his first administration to protect national monuments had proven successful in curbing destruction.
The Department of Justice has been directed to investigate any incidents involving the burning of the Stars and Stripes and pursue legal action “where prosecution wouldn’t fall afoul of the First Amendment,” according to White House staff secretary Will Scharf.
The president initially suggested taking executive action during an appearance on The Post’s “Pod Force One” podcast in June, in the aftermath of violent riots in Los Angeles.
“They were burning a lot of flags in Los Angeles,” Trump said at the time, referencing footage showing rioters setting American flags on fire while waving Mexican flags.
Throughout his political career, Trump has consistently advocated for strict penalties against those who desecrate the U.S. flag and previously backed efforts to pass a constitutional amendment during his first term that would have banned the practice nationwide.
In 1989, the Supreme Court ruled in Texas v. Johnson that burning the flag is considered a form of “symbolic speech” and is thus constitutionally protected.
The following year, in U.S. v. Eichman, the Court struck down the Flag Protection Act of 1989, reaffirming its earlier decision and expanding protections for those choosing to burn the flag.
“Through a very sad court,” Trump remarked Monday in response to those rulings, “they called it freedom of speech.”
“When you burn the American flag, it incites riots,” the president argued, despite having faced impeachment at the end of his first term over accusations that he incited unrest at the U.S. Capitol during the certification of the 2020 election results.
Notably, the late conservative Justice Antonin Scalia and Justice Anthony Kennedy both joined the majority in these landmark cases, voting to uphold the right to burn the flag under the First Amendment.
“While people can be prosecuted for burning anything in a place they aren’t allowed to set fires, the government can’t prosecute protected expressive activity — even if many Americans, including the president, find it ‘uniquely offensive and provocative,’” explained Bob Corn-Revere, Chief Counsel of the Foundation for Individual Rights and Expression.
“You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say.”
{Matzav.com}