A new executive order from President Donald Trump has sparked backlash from his own party. On Monday, Trump signed an order directing the Justice Department to prosecute people who burn the American flag.
The order also calls on Attorney General Pam Bondi to challenge the Supreme Court’s 1989 ruling that flag burning is a form of protected speech.
“Burning this representation of America may incite violence and riot,” the order reads. “American Flag burning 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 states that the court has never considered flag-burning to be an action that could incite “imminent lawless action.” It states flag burning could be perceived as a form of “fighting words.”
Immediate pushback
Shortly after Trump signed the order, Conservative commentators pushed back.
Radio host Dana Loesch called flag-burning vile, but said the government has no right to control speech or expression.
Commentator Erik Erikson wrote, “It is well-settled constitutional law,” and that “the executive does not get to create crimes.”
Meanwhile, Colin Wright posted on X with his own thoughts. He said, “I would never burn the American flag because of what it symbolizes to me. But the act of banning the burning of it runs more contrary to American values than the burning itself ever could.”
Radio host Jesse Kelly warned the order had him, “As close as I’ll ever be to lighting one on fire.”
The same day Trump signed the order, officials arrested a U.S. veteran outside the White House after he set an American flag on fire.
The man identified himself as a 20-year-old combat veteran.
Protecting the flag from ‘desecration’
When Trump signed the order, the White House also shared a fact sheet. It mentions recent protests in Los Angeles, where protesters burned American flags “alongside violent acts and other conduct threatening public safety.”
First Amendment freedoms
In 1989, the Supreme Court found that the government cannot prohibit expression because it is offensive to some, affirming that political demonstrations are a fundamental right.
Trump spoke about the order, saying, “All over the country they’re burning flags. All over the world, they burn the American flag.”
The fact sheet states that these actions disrespect the sacrifices that service members have made for the U.S.
Previous debate over flag-burning
The U.S. Supreme Court ruled decades ago that flag burning is a form of symbolic speech. It said the action is protected under the First Amendment.
Even the late Justice Antonin Scalia, a known conservative, was in the majority.
Critics said Trump’s order is more symbolic than substantive. They said it’ll likely face swift legal challenges and reignite the debate over free speech.
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Author: Craig Nigrelli
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