President Donald Trump has signed an executive order to prosecute individuals who burn the American flag. The order, which includes a one-year prison sentence for an offense, defies decades of Supreme Court precedent protecting flag desecration as a form of free speech under the First Amendment.
“If you burn a flag, you get one year in jail,” Trump said in the Oval Office. "No early exits, no nothing. “You don’t get 10 years. You don’t get one month. "You get one year in jail, and it goes on your record, and you will see flag burning stopping immediately.”
Citing instances around the country, Trump emphasized that burning the American flag has incited riots at "levels we have never seen before."
"The area goes crazy. If you have hundreds of people, they go crazy," Trump added. "You can do other things. You can burn this piece of paper. But when you burn the American flag, it incites riots."
Flag burning has been a protected form of free speech since a 1989 Supreme Court ruling in Texas v. Johnson. The 5-4 decision specifically held that flag burning was a form of "symbolic speech" under the First Amendment.
The Supreme Court reaffirmed the ruling in United States v. Eichman four years later.
Vice President J.D. Vance, Attorney General Pam Bondi, and White House Deputy Chief of Staff Stephen Miller joined Trump at the signing on Monday.
Bondi, Florida's former attorney general, will be in charge of prosecuting cases of flag burning, according to the executive order.
"The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment," the executive order said.
The order cites prosecutions of flag burners under content-neutral laws to include violent crimes, hate crimes, and destruction of property. In addition, illegal immigrants who partake in flag desecration could have their visas revoked or denied, as well as face other consequences.
Trump also stressed the importance of honoring the American flag in the order's decision.
"The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life," it added. "Desecrating it is uniquely offensive and provocative. It is a statement of contempt, hostility, and violence against our Nation — the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security."
