Trump Order Targeting Flag Burning Tests First-Amendment Limits

President Donald Trump this week signed an executive order directing federal agencies to pursue criminal penalties against people who burn or otherwise desecrate the U.S. flag when the act is "likely to incite imminent lawless action." The White House said the measure is needed to curb growing displays of flag desecration and argued that prior Supreme Court decisions on the issue were narrowly decided and ripe for re-examination. Legal scholars across the ideological spectrum contend the order conflicts squarely with two landmark Supreme Court precedents. In Texas v. Johnson (1989) and United States v. Eichman (1990), the Court struck down state and federal flag-desecration bans by 5–4 votes, holding that burning the flag is protected symbolic speech under the First Amendment. The late conservative Justice Antonin Scalia joined the majorities in both cases, later remarking that defending offensive expression is essential to preserving free speech. Civil-liberties groups plan to challenge the directive, predicting swift injunctions and an eventual return to the high court. Supporters of the order see it as a vehicle to test the Court’s current conservative majority, while critics warn that criminalizing political expression risks elevating a national symbol above the constitutional values it represents.