President Donald Trump signed an executive order Aug. 25 directing law enforcement to prosecute those who engage in criminal activities that “involve desecrating the American flag.”
“Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength,” the text of the executive order states. “Over nearly two-and-a-half centuries, many thousands of American patriots have fought, bled, and died to keep the Stars and Stripes waving proudly. The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life.”
The order goes on to argue that burning the flag “may incite violence and riot,” and is “also used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth.”
The order claims that, while the First Amendment protects freedom of expression, the Constitution does not protect burning the flag “in a manner that is likely to incite imminent lawless action” or when flag-burning amounts to “fighting words.”
The Trump administration intends to prosecute such cases to the fullest extent of the law, the order states.
“The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment,” the order directs. “This may include, but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.”
In addition, when the Department of Justice or other federal agency determines that desecrating the American flag violates local ordinances, that agency will notify the appropriate local or state authority.
“To the maximum extent permitted by the Constitution, the Attorney General shall vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag,” the order continues, “and may pursue litigation to clarify the scope of the First Amendment exceptions in this area.”
Finally, the secretary of state, the US attorney general, and the secretary of Homeland Security may revoke immigration benefits from foreign nationals who have desecrated the flag in a way that violates the law.
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Author: Grace Porto
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