DOJ Instructed To Prosecute Those Who Violate Laws In Connection With U.S. Flag Burning
Trump Signs Executive Order Targeting Flag Desecration
President Donald Trump signed an executive order today aimed at prosecuting individuals who desecrate the American flag. The order directs the Department of Justice (DOJ) to “vigorously prosecute” acts of flag desecration that violate “content-neutral laws” and cause harm “unrelated to expression,” such as violent crimes, hate crimes, or property damage.
The executive order explicitly cites the Supreme Court’s 1989 decision in Texas v. Johnson, which established that flag burning is a form of “symbolic speech” protected by the First Amendment.
However, the order contends that the Court “has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected.”
The directive also instructs the Department of State, the DOJ, and the Department of Homeland Security to revoke visas, residence permits, or other immigration benefits for foreign nationals who engage in flag desecration under circumstances that permit such remedies under federal law.
Critics argue that the order is a direct challenge to established Supreme Court precedent and may lead to constitutional challenges.
The 1989 ruling in Texas v. Johnson, a 5-4 decision, overturned a Texas law criminalizing flag burning. The Court’s majority opinion, written by Justice William Brennan, stated that “the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” The following year, the Supreme Court also struck down a federal law, the Flag Protection Act of 1989, in United States v. Eichman.
Despite these legal precedents, the order signals the administration’s intent to test the boundaries of free speech protections in this area. Supporters of the order maintain that the flag is a sacred national symbol and that acts of desecration can incite violence and disrespect, justifying legal action.
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