A man who identified himself as a combat veteran was arrested Monday evening in Lafayette Square, across from the White House, after setting a flag on fire in protest of President Donald Trump’s recent executive order on flag desecration.
In a video posted on social media by The Bulwark and cited by NBC News, the man said he was burning the flag as an act of protest and told bystanders, “I fought for every one of your rights.”
The U.S. Secret Service reported the arrest around 6:15 p.m. ET for “igniting an object” and said the individual was transferred to the U.S. Park Police. According to The Washington Post, he was charged under a statute prohibiting the lighting of fires in parks, forests, or on federal property. Authorities did not specifically confirm that the burned item was a U.S. flag.
Earlier the same day, President Trump signed an executive order directing federal authorities to pursue cases related to flag burning when it occurs alongside other offenses or in ways likely to incite violence. The order calls on Attorney General Pam Bondi to “vigorously prosecute” such cases and to pursue legal action aimed at clarifying First Amendment exceptions.
Related: Trump Orders Crackdown on Flag Burning, Calling It a Threat to Public Safety
Trump told reporters that burning the flag should carry a one-year prison penalty, though the executive order itself does not establish that punishment. Instead, it argues that flag burning in certain contexts, such as when it may incite “imminent lawless action” or constitute “fighting words,” is not constitutionally protected.
The Supreme Court ruled in 1989, in a 5-4 decision, that flag burning is protected free speech under the First Amendment.
