President Donald Trump on Monday directed the Justice Department to prosecute individuals who burn the American flag, directly challenging decades-old Supreme Court precedent protecting it as free speech.
Trump Orders Jail Time For Flag Burners Amid Free Speech Controversy
Trump signed the executive order in the Oval Office, saying, "You burn a flag, you get one year in jail. You don't get 10 years, you don't get one month… and you will see flag burning stopping immediately," reported by AP News.
The order instructs Attorney General Pam Bondi to pursue litigation aimed at overturning the 1989 Texas v. Johnson ruling, in which the Supreme Court held 5-4 that flag burning is protected political expression.
In the interview, Trump defended his executive order banning flag burning, calling it a threat to public safety that incites riots. He said offenders will face a one-year jail sentence and accused many demonstrators of being "paid agitators" backed by the radical left.
Trump also claimed the U.S. has regained global respect under his leadership, noting NATO leaders jokingly referred to him as the "President of Europe."
Trump Seeks Exception To Flag-Burning Ruling, Civil Liberties Groups Push Back
The executive order referenced the Supreme Court's narrow 5-4 decision from a 1989 Texas case but argued that prosecutions could still be pursued if flag burning is deemed likely to provoke immediate unlawful behavior or qualifies as "fighting words."
Trump emphasized the symbolic importance, framing the move as a defense of national pride. However, civil liberties advocates strongly criticized the action.
Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, said, "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.'"
Scalia Once Defended Flag Burning As Free Speech
On X, journalist Glenn Greenwald shared a 2012 video of late Supreme Court Justice Antonin Scalia, noting that Scalia—widely admired by conservatives—defended flag burning as protected free speech under the First Amendment and argued that banning it is unconstitutional.
Man Arrested Near White House After Flag Burning Protest
On Monday, federal authorities arrested a man across from the White House after he set an American flag on fire just hours after Trump signed an executive order to crack down on flag burning, reported NBC News.
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Disclaimer: This content was partially produced with the help of AI tools and was reviewed and published by Benzinga editors.
