Credited from: TRTGLOBAL
President Donald Trump signed an executive order on Monday instructing the Justice Department to prioritize the prosecution of those who burn the American flag, an act that the U.S. Supreme Court has previously deemed constitutionally protected under the First Amendment. This executive order emphasizes that flag burning could be prosecuted if it is "likely to incite imminent lawless action" or involves "fighting words," which the 1989 ruling in Texas v. Johnson explicitly dismissed, recognizing such actions as symbolic speech, according to HuffPost, TRT Global, and ABC News.
Trump's executive order, titled "Prosecuting Burning of the American Flag," acknowledges that while the Supreme Court's decision defined flag burning as legitimate political expression, it seeks to create avenues for prosecution under existing statutes relating to violence and public order. The order directs Attorney General Pam Bondi to explore legal actions against flag desecration, hinting at a broader agenda to challenge free speech protections established by the Court, as reported by Newsweek and India Times.
The executive order has generated significant backlash from conservative circles, with critics highlighting that it contradicts long-standing free speech protections established by the Supreme Court. Legal experts argue that the Trump administration's stance could lead to selective prosecution of individuals based on the offensive nature of their speech rather than any specific legal violation, and it raises concerns that the administration might be attempting to establish a legal precedent that undermines constitutional rights, as noted by NPR and Newsweek.
Trump's assertions about flag burning inciting riots are met with skepticism, as no recent instances have been cited to support this claim. Constitutional scholars emphasize that flag burning, although controversial, does not inherently provoke violence, and such a prosecutorial approach could infringe on individual rights to express dissent, according to HuffPost, ABC News, and NPR.
Under Trump's directive, individuals prosecuted for flag burning could face a one-year jail term, particularly non-citizens who risk deportation or revocation of immigration benefits. The executive order not only aims to reinstate penalties but also seeks to manipulate existing laws to suppress expressions that are critical of the government, echoing ongoing tensions in U.S. political discourse surrounding freedom of speech, as highlighted by Newsweek and India Times.