Trump Signs Executive Order Seeking Flag Burning Prosecutions

President Donald Trump signed an executive order directing federal prosecutors to pursue criminal charges against individuals who burn American flags during protests, claiming offenders would face one year in jail. The order instructs the Justice Department to prioritize prosecuting flag burning under related crimes such as incitement of violence, destruction of property, or violating open burning restrictions. However, legal experts and precedent strongly indicate that such prosecutions would be unconstitutional, as the Supreme Court has consistently ruled flag burning to be protected symbolic speech under the First Amendment, notably in Texas v. Johnson (1989) and United States v. Eichman (1990). Gregory “Joey” Johnson, the protester central to Texas v. Johnson, condemned Trump’s order as a fascist act and a direct assault on constitutional freedoms and political dissent. Legal analysts also highlight the Brandenburg standard, which limits prosecution for incitement and further challenges the administration’s ability to enforce the order. Despite its symbolic intent, the executive order is seen largely as a politically charged gesture unlikely to withstand judicial scrutiny.