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‘Burn a flag, get a year in jail’: Trump signs new executive order to criminalise burning American flags

This move challenges a long-standing Supreme Court precedent that protects the act as political expression.

Earlier this year, Trump said the US would take a 10% stake in Intel that converts government grants into an equity share, the latest extraordinary intervention by the White House in corporate America. (AP Photo)

Signing a new executive order, Donald Trump Monday directed US federal prosecutors to levy criminal charges against those who burn American flags during protests, a move that challenges a long-standing Supreme Court precedent protecting the act as political expression.

“All over the world they burn the American flag, and as you know, through a very sad court, I guess it was a 5-4 decision, they called it freedom of speech,” Trump said while signing the order. “You burn a flag, you get one year in jail,” he added.

However, the order itself doesn’t include details about a potential jail sentence.

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Executive order provisions

The order states that the American flag is a “sacred and cherished symbol” and adds that burning it may incite violence. It directs the Justice Department to prioritise prosecution under existing laws where desecration involves violence, hate crimes, or civil rights violations.

It also calls for referrals to state or local authorities when flag burning may fall under their laws, such as open burning restrictions or disorderly conduct statutes. The order authorises litigation to clarify the scope of First Amendment exceptions.

Immigration measures

The order directs the State Department, Justice Department, and Homeland Security to revoke visas, block residence permits or naturalisation, and pursue deportation of foreign nationals who desecrate the flag when federal law permits such actions.

Targeting Supreme Court precedent

The order seeks to work around the Supreme Court’s 1989 decision in Texas v. Johnson, which struck down flag-burning bans in 48 states and held that destroying the flag is protected under the First Amendment. The court ruling had thrown out flag-burning laws in 48 states and said that people have the right to burn flags as a way to express their political views.

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Trump’s order instructs attorney-general Pam Bondi to examine cases of flag burning and bring charges under other statutes, including disturbing peace, property destruction, or environmental rules.

Public opinion

Trump’s effort follows a long record of opposition to flag burning. In 2016, he wrote on social media: “Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!”

Polling shows increasing support for restrictions. A YouGov survey in 2020 found nearly half of Americans backed making flag destruction illegal. By September 2023, 59% of respondents said flag burning during protests is “always unacceptable.”

— With inputs from AP, The Guardian

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