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President Trump Signs Executive Order Targeting Flag Burning
President Trump signed an executive order on Monday aimed at addressing American flag burning, which he views as a display of hostility towards the United States. The order seeks to punish individuals who burn the American flag, with potential penalties including one year in prison.
The executive order, titled "Prosecuting Burning of the American Flag," directs the Justice Department to prosecute cases of flag desecration that violate existing laws unrelated to freedom of expression. While flag burning is considered protected speech under a Supreme Court decision from 36 years ago, the order suggests that certain acts of flag desecration may not be protected under the First Amendment.
The directive also instructs key government officials to take action against foreign nationals engaged in flag desecration activities, potentially leading to visa revocation or removal from the U.S. The attorney general is tasked with prosecuting individuals who violate laws related to desecrating the American flag.
In response to the executive order, legal experts like Bob Corn-Revere have emphasized that flag burning is a form of political protest protected by the First Amendment. While the president and others may find it offensive, the act remains constitutionally protected as expressive conduct.
President Trump's directive appears to challenge the constitutional protection of flag burning, despite the Supreme Court's ruling in 1989 that deemed it protected speech. The Court's decision in Texas v. Johnson established that flag burning is a form of expression covered by the First Amendment.
Subsequent legal battles, such as United States v. Eichman, further solidified the protection of flag burning under the First Amendment. In these cases, the Supreme Court ruled that laws criminalizing flag burning were unconstitutional and infringed upon freedom of speech.
The ongoing debate surrounding flag burning underscores the tension between free speech rights and government regulation of symbolic expression. President Trump's executive order signals his administration's stance on flag desecration, prompting legal and constitutional discussions on the boundaries of protected speech.