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Trump orders crackdown on US flag burning raising free speech concerns

By TheSun in August 26, 2025 – Reading time 2 minute
Trump orders crackdown on US flag burning raising free speech concerns


WASHINGTON: President Donald has signed an executive order directing the US attorney general to prosecute individuals who burn or desecrate the American flag.

“If you burn a flag, you get one year in jail, no early exits, no nothing,“ declared during the Oval Office signing ceremony on Monday.

The order mandates the attorney general to “vigorously prosecute” violations of flag desecration laws while pursuing litigation to clarify First Amendment boundaries.

The US Constitution’s First Amendment explicitly protects individual free speech rights, including flag desecration according to a 1989 Supreme Court ruling.

“You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say,“ stated the Foundation for Individual Rights and Expression in response.

‘s order further instructs the attorney general to refer flag desecration cases to state or local authorities while prohibiting visas and naturalization for offenders.

Civil rights advocates have expressed concerns about multiple Trump administration actions they view as threatening free speech since January.

These include threatening colleges over pro-Palestinian protests, attempting to deport foreign protesters, and implementing restrictive immigration rules.

Trump characterizes these efforts as combating what his administration terms “anti-Americanism.”

“Desecrating (the U.S. flag) is uniquely offensive and provocative. It is a statement of contempt, hostility, and violence against our Nation,“ the order states.

The administration argues that Supreme Court First Amendment rulings don’t protect actions likely to incite “imminent lawless action” or constitute “fighting words.” – Reuters



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