On August 25, 2025, President Donald Trump signed an executive order directing the Justice Department to pursue criminal penalties against individuals who burn the American flag, proposing a one-year jail sentence for such acts. The order, titled “Prosecuting Burning of the American Flag,” seeks to punish flag desecration when it violates content-neutral laws, such as those against violent crimes or property damage, while acknowledging the Supreme Court’s 1989 Texas v. Johnson ruling that flag burning is protected free speech under the First Amendment. Trump claimed the act “incites riots” and called the 1989 decision a “sad” ruling, asserting that a year in jail would deter flag burning.
The directive also instructs federal agencies to refer cases to state or local authorities for violations like open burning restrictions and targets noncitizens with visa revocations or deportation for flag desecration. Critics, including the ACLU and free speech advocates, argue the order challenges constitutional protections, as the Supreme Court has consistently upheld flag burning as expressive conduct. Legal experts, like FIRE’s Bob Corn-Revere, emphasize that the government cannot prosecute protected speech, regardless of its offensiveness.
The move has reignited debates over free speech versus patriotism, with supporters praising Trump’s stance on national pride and detractors warning of authoritarian overreach. Hours after the signing, a veteran was arrested near the White House for burning a flag in protest, charged under a public park fire ban. The order’s impact remains uncertain as legal challenges loom.
