President Trump's recent Executive Order (EO) signed on August 25th, has critics claiming it represents a dangerous overreach that threatens the core of the First Amendment.
Titled "Prosecuting Burning of the American Flag," the EO directs Attorney General Pam Bondi to aggressively enforce existing laws against flag desecration, particularly when it allegedly incites "imminent lawless action" or constitutes "fighting words". Trump boasted during the signing that flag burners would face "one year in jail", aiming to sidestep landmark Supreme Court rulings like Texas v. Johnson (1989) and United States v. Eichman (1990), which unanimously affirmed flag burning as protected symbolic speech.
While this latest EO isn't outright criminalization, it's an obvious attempt to chill dissent. It prioritizes prosecutions under pretextual charges like disorderly conduct, open burning violations, or property destruction, even in peaceful protests. It also targets non-citizens by revoking visas or deporting those involved, echoing Trump's past threats to strip citizenship from protesters.
Hours after signing, a combat veteran protesting the order was arrested near the White House for burning a flag, illustrating how such directives invite selective enforcement against critics.
Free speech absolutists see this as executive fiat undermining judicial precedent. The Supreme Court has repeatedly struck down flag protection laws as viewpoint discrimination, emphasizing that offensive expression is exactly what the First Amendment safeguards. Trump's move, justified by recent protests like those in Los Angeles in June, conflates symbolic acts with violence, potentially eroding protections for all political expression.
While polls show majority support for banning flag burning, 59% deem it "always unacceptable" per a 2023 YouGov survey, civil liberties groups warn it could lead to broader censorship, especially amid Trump's history of attacking media and opponents.
Is this EO patriotism or authoritarianism disguised as respect for symbols? It depends on who you ask. Will true defenders of liberty resist, or will the metaphorical flag of freedom itself be burned at the stake of selective justice? Time will tell.