"Although the president lacks the authority to incarcerate flag-burners, he is claiming it anyway. On his Truth Social platform, Trump declared: To ICE, Border Patrol, Law Enforcement, and all U.S. Military: As per my August 25, 2025 Executive Order, please be advised that, from this point forward, anybody burning the American Flag will be subject to one year in prison. You will be immediately arrested. Thank you for your attention to this matter!"
"This is very important, Trump said at the time. Flag burning, all over the country, they're burning flags. All over the world, they burn the American flag. And as you know, through a very sad court, I guess it was a 5-to-4 decision they called it freedom of speech. But there's another reason, which is perhaps much more important. It's called death. Because what happens when you burn a flag is the area goes crazy."
"The Bill of Rights has not been amended since flag burning was held by the Supreme Court to be First Amendment-protected, and there is no reason to believe that President Trump's latest effort at limiting speech will be sustained by the Supreme Court, legendary First Amendment lawyer Floyd Abrams father of Mediaite founder Dan Abrams told this publication in August."
The U.S. Supreme Court struck down state and federal bans on flag burning in 1989 and 1990, ruling that flag burning constitutes protected speech under the First Amendment. An executive order signed in August 2025 purports to subject anyone burning the American flag to one year in prison and directs ICE, Border Patrol, law enforcement, and the U.S. military to arrest offenders immediately. The president does not possess authority to override established constitutional protections. Constitutional scholars criticized the effort, noting the Bill of Rights remains unchanged and predicting courts are unlikely to uphold a new restriction on flag burning.
Read at www.mediaite.com
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