Chicago – August 26, 2025
On Monday, President Donald Trump signed an executive order directing the Justice Department to investigate and prosecute people who burn the American flag.
The order comes despite a U.S. Supreme Court ruling in 1989 that flag burning is protected under the First Amendment as a form of political expression. The court’s decision was a 5-4 ruling, with the majority agreeing that burning the flag is a legitimate way to express political views.
However, Trump’s new order states that flag burning could still be prosecuted if it is likely to cause immediate violence or if it involves “fighting words.” Trump argued that flag burning often leads to riots and intense anger from people. While he didn’t provide specific examples, he said burning the flag stirs up extreme reactions.
The executive order calls flag burning “offensive and provocative” and says it can be a sign of hostility and violence against the nation. The order directs the attorney general to prioritize enforcing laws against flag burning that cause harm not related to free speech.
Additionally, the order imposes a one-year jail sentence for flag burning without early release, and foreign nationals who burn the flag could lose immigration benefits and face deportation.
