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Norms Impact

Trump signs order to criminally charge those who burn US flag in protest

A president is directing prosecutors to “find a crime” around protected speech, pressing federal power to punish political protest despite binding Supreme Court precedent.

Executive

Aug 25, 2025

Sources

Summary

Donald Trump signed an executive order directing federal prosecutors to pursue criminal charges against people who burn American flags during protests. The order instructs the attorney general to seek alternative criminal theories to bypass the Supreme Court’s 1989 ruling that flag burning is protected speech. The practical effect is federal pressure to reframe political protest as prosecutable conduct through ancillary offenses such as disturbing the peace or environmental violations.

Reality Check

This is a blueprint for criminalizing constitutionally protected dissent by ordering prosecutors to hunt for pretexts, a precedent that weakens our First Amendment rights and makes protest contingent on prosecutorial discretion. On these facts, the core conduct—flag burning as political expression—remains protected under Texas v Johnson, and using federal charging power to evade that ruling is more plausibly an abuse-of-power norm violation than a clean fit for a specific federal criminal statute. The danger is institutional: when the executive branch treats speech as punishable by repackaging it as “disturbing the peace” or “environmental” crime, we normalize viewpoint-driven enforcement that our constitutional system is designed to forbid.

Media

Detail

<p>On Monday, Donald Trump signed an executive order in the Oval Office instructing federal prosecutors to pursue criminal charges against individuals who burn American flags during protests. The order directs the US attorney general, Pam Bondi, to review instances of flag burning and assess whether participants can be charged under other criminal provisions, including disturbing the peace or violations of environmental laws.</p><p>The directive follows the Supreme Court’s 1989 decision in <strong>Texas v Johnson</strong>, which held 5-4 that burning the flag constitutes protected political expression under the First Amendment. That ruling invalidated flag-burning laws in 48 states and established that destruction of the flag as protest is constitutionally protected. While Trump stated during the signing that flag burning results in “one year in jail,” the order does not specify any jail sentence.</p>