President Donald Trump on Monday signed an executive order instructing the Department of Justice to pursue prosecutions in cases involving the burning or desecration of the American flag, saying the practice poses risks to public safety.
“If you burn a flag, you get one year in jail, no early exits, no nothing,” Trump told reporters in the Oval Office. “It goes on your record, and you will see flag burning stopping immediately.” He described the act as “provocative” and said it can incite unrest in crowds.
The president acknowledged that the Supreme Court has ruled flag burning is a form of protected speech under the First Amendment, but he argued the activity can escalate into violence. “When you burn the American flag, it incites riots at levels we’ve never seen before,” Trump said.
The executive order also directs the Justice Department to litigate challenges to clarify the scope of First Amendment protections and to refer cases to state and local prosecutors where appropriate. It further instructs federal agencies to deny immigration benefits, including visas, residence permits, and naturalization, to individuals convicted of flag desecration.
A White House fact sheet described the American flag as “the most sacred and cherished symbol of the United States of America” and stated that desecration is “uniquely and inherently offensive and provocative.”
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In addition to the flag order, Trump signed three other executive actions:
- Measures to End Cashless Bail and Enforce the Law in the District of Columbia
- Steps to End Cashless Bail to Protect Americans
- Additional Measures to Address the Crime Emergency in the District of Columbia
Trump compared the new directive to a 2020 executive order imposing penalties for vandalizing federal monuments, saying it reflects his administration’s commitment to protecting national symbols.
