Trump Signs Executive Order To Imprison Anyone Who Burns US Flag

President Donald Trump has signed an executive order making the burning of the American flag a criminal offense, directly challenging the Supreme Court’s 1989 ruling in Texas v. Johnson that protected the act as free speech under the First Amendment.

The order instructs federal prosecutors to bring charges against flag burners, while Attorney General Pam Bondi is directed to review past cases for possible prosecution under other laws, such as public disorder or environmental violations. Trump declared, “If you burn a flag, you get one year in jail.”

Flag burning has been legal since Texas v. Johnson, when the Court ruled 5–4 that such acts are symbolic expression. Justice William Brennan’s majority opinion held that government cannot suppress ideas simply because they are offensive. That precedent has remained largely untouched for decades.

While the executive order cannot overturn the Court’s decision, it seeks to bypass it by redefining flag burning as a public safety and disorder issue. The Justice Department is also expected to work with local police to target offenders.

Trump has long pushed for flag-burning penalties, first raising the idea in 2016. His move reflects both his populist appeal and his broader strategy of bold executive action in his second term.

Public opinion is divided: polls show most Americans dislike flag burning, but fewer support making it illegal. Civil rights groups, including the ACLU, have already pledged to challenge the order in court.

Legal scholars predict swift lawsuits, setting the stage for a constitutional battle between Trump’s administration and the judiciary over the limits of free speech and executive authority.