OPINION: Trump is RIGHT to prioritize the prosecution of flag desecration, and here’s why
The president’s EO seeks to prosecute those who are convicted of desecrating the American flag with one year of jail time – a bold political statement
Opinion-editorial by Summer Lane | August 25, 2025
On Monday, President Donald Trump made waves when he signed an executive order directing the Department of Justice to prioritize the prosecution of those caught burning the American flag.
The president said he would like the penalty for conviction of desecrating the flag to result in “one year in jail.”
“You will see flag burning stopping immediately,” he said.
This new executive order has been a lightning rod for debate. Some wonder if it’s a violation of First Amendment rights. Others may argue that it is a much-needed consequence for rioters and looters who stomp on Old Glory and burn it in the streets.
As with any debate surrounding President Trump, there are usually two sides to the story – and then there’s Trump, who, agree with him or not, has been entirely consistent about protecting the American flag.
What Trump has said, and what SCOTUS has said
In 2024, Trump discussed his thoughts about the American flag and potential consequences for desecrators. His comments were made during the second episode of Art of the Surge – a special series documenting his historic reelection campaign.
“They ought to put a one-year penalty [if] you burn the flag,” he said. “You burn the flag, then you go to jail for one year. And they say it’s unconstitutional, but you have to change it. You shouldn’t be allowed to burn the American flag.”
It’s unclear why so many people are surprised by Trump’s executive order on this issue, given his past comments.
Importantly, the U.S. Supreme Court has been very clear on this issue, as well. In Texas v. Johnson (1989), the nation’s highest court upheld the right of protestors to burn the American flag. In 1990, SCOTUS reaffirmed this ruling in States v. Eichman.
“If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,” wrote Justice William Brennan, per the Constitution Center.
The debate rages on, but it doesn’t need to
The ruling from the Supreme Court was a controversial one, to say the least, and today, the debate rages on. Fox News Chief Political Analyst Brit Hume argued on X, “George HW Bush ran against flag burning in 1988 and spent a whole week campaigning on the issue. But he called for a constitutional amendment to ban the practice. He didn’t pretend he could ban it by an executive order that flies in the face of constitutional speech protections. C’mon man.”
In 2006, there was an effort to pass a new constitutional amendment that would ban flag burning, but it failed by just one vote in the U.S. Senate. That was the last major attempt to pass such an amendment.
“Yes, make it a crime to burn the American flag,” said Daily Wire commentator Matt Walsh.
He continued, “Desecration of the gay pride flag is already prosecuted as a hate crime in this country. No more double standards. If the sacred symbol of the LGBT cult is protected, American flags should be too. Simple as that.”
He makes a valid point. If burning rainbow flags can be considered a hate crime, why is it that burning the American flag is not?
While social media influencers practically foam at the mouth to blindly oppose or support Trump’s EO for clicks and comments, most are missing one key point: the actual language of the president’s order is aimed at prosecuting those who are using flag desecration as a form of violence or incitement:
“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.”
This is the crux upon which the president’s executive order rests. This is not an executive order aimed at hunting down blue-haired, Marxist professors who are burning the American flag in their own backyards (however disrespectful that may be).
This order specifically targets the kind of violent, unhinged, and dangerous protestors we have seen in places like New York, Los Angeles, and Chicago – those who cover their faces, assault police officers, and burn the American flag in the street as a literal declaration of war against law and order.
Trump’s EO concedes openly that prosecution shall be consistent with the First Amendment, “but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.”
To claim that Trump is dictatorially going to lock people in prison for burning the American flag is not only misleading…it’s blatantly untrue.
People have a Constitutional right to burn the American flag, sure. It’s disrespectful. It’s repugnant. It’s chilling. And yet, they have that right.
Trump’s EO simply makes it clear that using American flag burning as an incitement to violence or other crimes will have consequences – and who doesn’t want that?
Social media influencers and commentators must stop bombastically blowing things out of proportion. It does no good for the heart and soul of the country, and it wrongly leads Americans to believe that their First Amendment rights are somehow under attack when they’re not.
“Actions have consequences,” the White House account pointedly stated on X.
“Burn the American flag, disrespect our nation, incite violence: ONE YEAR IN JAIL. No excuses,” it continued.
Most Americans – regardless of political party – do not want to see the flag disrespected. Trump’s EO is a common-sense approach to shutting down paid protestors, agitators, and violent rioters who often use a charred American flag as the kindling to burn cities and cause chaos.
President Trump is right to address this problem, and he’s right that it will act as a strong deterrent. Burning the American flag may be a protected right, but using the flag as a weapon to hurt the American people is not.
Photo: Adobe Stock
