President Donald Trump on 25 August 2025 signed an executive order directing the Justice Department to “vigorously prosecute” people who desecrate the U.S. flag when the act is likely to incite imminent lawless action or constitutes “fighting words.” Flanked in the Oval Office by cabinet officials, Trump told reporters that anyone who burns an American flag should face a mandatory one-year jail sentence, even though the order itself does not set a specific penalty. Beyond criminal prosecution, the directive instructs the Attorney General, Pam Bondi, to prioritise existing federal, state and local statutes—ranging from hate-crime provisions to property-damage and public-safety rules—when flag burning accompanies other unlawful conduct. It also empowers the Secretaries of State and Homeland Security to deny or revoke visas, green cards and naturalisation applications, and to seek the removal of foreign nationals found to have desecrated the flag under such circumstances. The move revives a long-running conflict between the political branches and the judiciary. The Supreme Court held in Texas v. Johnson (1989) and again in United States v. Eichman (1990) that flag burning is core political expression protected by the First Amendment; both decisions were 5–4. Legal academics, the free-speech group FIRE and several conservative commentators said the new order is almost certain to be challenged, noting that the Court has since moved toward even broader speech protections. Supporters, including some Republican lawmakers, applauded the measure as a reaffirmation of national unity and respect for military sacrifice. Critics countered that it is primarily symbolic, because enforcement depends on pre-existing statutes and future litigation that could seek to narrow First Amendment doctrine. No timetable for test cases was announced, but civil-liberties groups said they are preparing to sue if prosecutions proceed under the order.
LAWFARE: Trump’s flag-burning EO doesn’t ban burning the US flag outright, that’s still protected speech. What it does ban is burning a flag in ways likely to incite imminent lawless action or amount to “fighting words.” Burn one in your backyard if you want, but not at a violent https://t.co/oLOvYiGLRr
PRESIDENT DONALD J. TRUMP PROTECTS THE AMERICAN FLAG FROM DESECRATION (TWH) Today, President Donald J. Trump signed an Executive Order to restore respect, pride, and sanctity to the American flag and prosecute those who desecrate this symbol of our freedom, identity, and https://t.co/ME7bslTkQE
Trump ordena castigar la quema de banderas de EU https://t.co/chVoumOxGQ