President Donald Trump signed a new executive order on August 25, 2025, aimed at protecting the American flag from desecration and burning. The order seeks to reinforce the flag’s status as a symbol of American freedom and patriotism.

Trump Addresses Flag Burning from the Oval Office

“Will you listen to this, this is very important,” Trump said from the Oval Office. Sitting at the Resolute Desk, he signed the executive order concerning flag desecration.

“All over the country, they’re burning flags,” Trump added. He highlighted incidents at pro-Palestine demonstrations on university campuses and at anti-immigration enforcement protests in various U.S. cities.

The American flag represents valor, bravery, and the sacrifices of patriots. Through this executive order, the Department of Justice is tasked with investigating flag-burning incidents that may go beyond protections under the First Amendment.

Legal Penalties for Flag Desecration

Trump stated, “If you burn a flag, you get one year in jail. You will see flag burning stopping immediately.”

The executive order also gives the Secretary of State, Attorney General, and Secretary of Homeland Security the authority to:

• Deny or revoke visas

• Terminate residence permits

• Cancel naturalization proceedings

• Seek removal of foreign nationals involved in flag desecration

This applies when flag-burning activities fall under federal law restrictions.

First Amendment Debate on Flag Burning

Trump referenced the Supreme Court’s 1989 decision in Texas v. Johnson, which protected flag burning as symbolic speech under the First Amendment.

Gregory Lee Johnson burned an American flag at the 1984 Republican National Convention to protest President Ronald Reagan’s policies. Johnson was arrested under a Texas statute against desecration of venerated objects.

The Supreme Court ruled 5-4 in favor of Johnson, with conservative Justices Antonin Scalia and Anthony Kennedy joining the majority. Justice John Paul Stevens dissented, emphasizing the flag’s unique status as a symbol of national unity.

Flag Burning in Recent Protests

Since the ruling, flag burning has appeared in protests against the U.S. government. In 2024, during anti-Israel protests in Washington, D.C., demonstrators burned the American flag while Israeli Prime Minister Benjamin Netanyahu addressed Congress.

Trump argued that flag burning often incites riots, stating, “When you burn a flag, the area goes crazy … When you burn the American flag, it incites riots at levels we’ve never seen before.”

Trump’s Executive Order on American Patriotism

The executive order states:

“Our great American Flag is the most sacred and cherished symbol of the United States … desecrating it is uniquely offensive and provocative.”

Trump emphasized that paid agitators, often linked to the radical left, attempt to destroy American symbols.

U.S. Attorney General Pam Bondi praised the order, saying, “Thank you for protecting the American flag, and [the Department of Justice will] do that without running afoul of the First Amendment.”

Historical Context: Executive Orders Protecting U.S. Symbols

Trump referenced his 2020 executive order protecting national monuments, memorials, and statues during the George Floyd protests. That order threatened up to 10 years in prison for destroying public American symbols.

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