WASHINGTON, D.C. — Former President Donald Trump on Monday signed an executive order directing the Department of Justice to investigate and prosecute cases of U.S. flag desecration and burning, claiming the act constitutes “inciting a riot.”
Trump said individuals who burn the American flag should face one year in jail without the possibility of early release. “Burning an American flag incites riots at levels we’ve never seen before,” Trump said while announcing the order.
His advisers argued the move “wouldn’t fall afoul of the First Amendment,” though they did not provide details on how it could withstand constitutional challenges. The U.S. Supreme Court has long ruled otherwise, holding that flag burning constitutes symbolic speech protected by the First Amendment.
In the landmark 1989 case Texas v. Johnson, the Court ruled 5-4 that burning the flag was a form of political expression shielded from government prosecution. Legal experts say Trump’s order is expected to face immediate court challenges on constitutional grounds.
