President Trump Signs Executive Order Making BURNING THE FLAG A Criminal Offense

Donald Trump signed an executive order on Monday instructing federal prosecutors to pursue criminal charges against individuals who burn American flags during protests. The order tells the US attorney general, Pam Bondi, to look at cases where people burned flags and see if they can be charged with other crimes like disturbing the peace or breaking environmental laws. It is an attempt by Trump to go around a supreme court decision from 1989, when the court ruled 5-4 in Texas v Johnson that destroying the flag is protected political expression under the first amendment. That court ruling threw out flag-burning laws in 48 states and made it clear that people have the right to burn flags as a way to express their political views.

“All over the country they’re burning flags,” Trump said in the Oval Office on Monday when he signed the order. “All of over the world they burn the American flag, and as you know, through a very sad court, I guess it was a 5-4 decision, they called it freedom of speech. Trump also claimed “you burn a flag, you get one year in jail” as he signed the executive order, but the order itself does not include details about a potential jail sentence.

PER EXECUTIVE ORDER: "Prosecuting Burning of The American Flag"

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength. 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. Desecrating it is uniquely offensive and provocative. It is a statement of contempt, hostility, and violence against our Nation — the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security. Burning this representation of America may incite violence and riot. 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.

Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).

My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.

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