President Donald Trump signed an executive order on Aug. 25 aimed at penalizing individuals who burn the American flag.
“If you burn a flag, you get one year in jail,” Trump told reporters in the Oval Office. Although the order does not specify jail time, Trump argued it would deter the practice immediately.
Legal Context
The Supreme Court ruled in Texas v. Johnson (1989) that flag burning is a protected form of political expression. In a 5-4 decision, the Court said the act itself constitutes symbolic speech and cannot be criminalized.
Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, said the executive order is unlikely to survive legal scrutiny.
“Flag burning as a form of political protest is protected by the First Amendment,” Corn-Revere noted. “President Trump may believe he has the power to revise the First Amendment with the stroke of a pen, but he doesn’t.”
Administration’s Defense
Attorney General Pam Bondi said the administration would apply the order in a way that complies with existing law.
“We will do that without running afoul of the First Amendment,” Bondi said, adding that the order focuses on instances where flag burning is tied to violence or incitement.
Trump’s Argument
Trump claimed that burning the flag often provokes unrest and therefore falls under exceptions to the First Amendment, such as “fighting words” or speech inciting lawless action.
“What happens when you burn the flag, the area goes crazy,” Trump said. “When you burn the American flag, it incites riots.”
BREAKING: President Trump signs executive order to mandate one full year in jail for protesters who burn American flags
TRUMP: “The people in this country don’t want to see our American flag burned and spit on … They’re bad people that are trying to destroy our nation…” pic.twitter.com/Qo1Ib712F0
— Fox News (@FoxNews) August 25, 2025
Background and Timing
The order comes as the U.S. prepares for its 250th birthday in 2026.
Trump has frequently called for penalties for flag burning.
He raised the issue during a visit to Fort Bragg, North Carolina, on June 10, and previously floated a one-year jail penalty at a 2020 campaign rally in Tulsa, Oklahoma.
Trump also drew attention in 2019 when he hugged a flag at the Conservative Political Action Conference.
Flags have occasionally been burned in protests outside the White House, including in 2019.
