Trump Bans Flag Burning in Direct Threat to First Amendment
The Supreme Court has already ruled on this. Donald Trump doesn’t care.

President Trump on Monday signed an executive order instructing the U.S. attorney general to pursue criminal charges against anyone caught burning the American flag, blatantly violating basic freedom of speech and expression laws.
“Flag burning. All over the country they’re burning flags. All over the world they burn the American flag,” Trump said at his press conference, where he signed another executive order revoking cashless bail in Washington, D.C. “What happens when you burn a flag is, the area goes crazy. If you have hundreds of people they go crazy…. When you burn the American flag it incites riots at levels that we’ve never seen before.”
“If you burn a flag, you get one year in jail, no early exits, no nothing. You get one year in jail,” Trump said. “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.”
The president claimed the Department of Justice would “investigate instances of flag burning” in situations where “prosecution wouldn’t fall afoul to the First Amendment.” But the order does exactly that. In 1989, the Supreme Court ruled 5-4 that flag burning is a protected right under the Constitution.
Trump also made unsubstantiated claims that flag burning is a rampant practice in America right now (it is not) and that anyone doing it is being paid by the “radical left.”
It’s extremely unclear how exactly the administration can throw American citizens in jail for burning a piece of fabric without “running afoul” of the Constitution. This is a move that would be relentlessly vilified if someone like Russian President Vladimir Putin or North Korean leader Kim Jong Un did it. Instead, Trump is using this despotic tactic to crack down on protesters and further push his dark MAGA agenda.