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Fox’s Brit Hume: Trump flag-burning order ‘flies in the face’ of Constitution
President Trump's executive order directs the Justice Department to prosecute flag burning acts that incite imminent lawless action, challenging Supreme Court protections under the First Amendment.
- On Monday, President Donald Trump signed an executive order directing the Justice Department to investigate and prosecute flag burning, aiming to restore respect for the American Flag.
- The U.S. Supreme Court in 1989 ruled in Texas v. Johnson by a 5 to 4 vote that flag burning is protected political expression, overturning the Flag Protection Act of 1968 and later bans in United States v. Eichman.
- Trump set a one-year jail penalty without early release and directed Attorney General Pam Bondi to prioritize enforcement, saying, `What happens when you burn a flag is the area goes crazy`.
- Legal experts predict immediate constitutional court challenges, while critics warn the order risks eroding First Amendment protections by blurring expression and incitement.
- The order also targets foreign nationals by allowing the Secretary of State, Attorney General, and Secretary of Homeland Security to revoke immigration benefits for flag desecration, while observers note narrow First Amendment exceptions.
32 Articles
32 Articles
'Stupid laws': GOP congressman slams Trump's latest executive order as unconstitutional
Rep. Thomas Massie (R-Ky.) leveled a constitutional rebuke Monday at President Donald Trump’s latest executive order aimed at prosecuting flag desecration, saying that such actions remain protected under the First Amendment, even if the offending act involves burning the U.S. or Israeli flags.In a post on the social platform X, Massie reaffirmed his belief that the act of burning one’s own national flag, whether American or Israeli, is “covered …
President Trump Signs Executive Order to Prosecute People Who Burn American Flags - "It Incites Riots... You Burn a Flag, You Get One Year in Jail"
President Trump on Monday signed the “Prosecuting Burning of the American Flag” Executive Order into law, prioritizing the prosecution of crimes that involve the burning of the American flag and potentially opening challenges to the interpretation of the First Amendment protections for flag burning. It does not appear to make burning the American flag a crime, but crimes that involve burning a flag will be prioritized.
The Center Square
Trump eyes First Amendment showdown with order to prosecute flag burning
(The Center Square) – President Donald Trump signed an executive order Monday requiring federal prosecutors to investigate and prosecute people for burning the American flag, a practice the U.S. Supreme Court said was protected speech in 1989.
Trump wants to prosecute flag burning: Does that violate free speech?
(NewsNation) — President Donald Trump signed an executive order that directs the prosecution of those who “desecrate the American flag," citing exceptions to the constitutionally protected act, but the legality of the issue could return to courts. The executive order vows to “restore respect and sanctity” to the flag, calling it the “most sacred and cherished symbol of the United States of America.” In his order, Trump directs Attorney General P…
Trump executive order seeks to criminalize flag burning
Seeking to contravene a Supreme Court decision, President Donald Trump signed an executive order Monday that criminalizes flag burning and imposes a mandatory one-year prison sentence. The court ruled in 1989 that burning the U.S. flag is a form of protest protected by the Constitution. “They called it freedom of speech,” Trump said in the Oval Office. “But there’s another reason which is perhaps much more important. It’s called death. Because w…
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