On August 25th, 2025, President Donald Trump issued an executive order through the White House saying, “The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life.” Following up in the next line saying that the burning of the American flag to President Trump and his administration as “Uniquely offensive and provocative.” The main reason Trump says he wants to make this ‘desecration’ a federal offense is to “Keep those who incite violence and riot in prison.” President Trump cites a 1989 court ruling, Texas vs Johnson, which ruled that the burning of the American flag is a freedom of the First Amendment. He brought it up because he believes that the court ruling could result in ‘loopholes’ on violent and anti-American behaviors.
It can be argued that protest, which in this case includes the burning of the national flag, should be perfectly legal and not be prosecuted. Many citizens and government officials disagree with the prosecution of flag burning due to the First Amendment in the constitution, which was written on the importance of freedom of speech. For example (from scotus.blog.com) Eugene Volokh argued that, although the rider doesn’t ban all flag burning, it encourages “selective enforcement” of otherwise neutral laws regarding public fires and government property by telling federal authorities to “prioritize” the enforcement of those laws against people who desecrate the American flag. (For more information visit scotus.blog.com)
In contrast to some, President Trump’s officials made a public statement emphasizing the importance of keeping American liberty and that it is possible to prosecute without violation of the first amendment. “Thank you for protecting the American flag, and we’ll do that without running afoul of the First Amendment,” says Attorney General Pam Bondi. This executive order does not explicitly prohibit the burning of the American flag.
On August 25th, 2025, the same day Trump had the executive order signed, a man was arrested for lighting the flag on fire in a public park. He was across the street from the White House while protesting President Trump, it is the man will try to exercise his first amendment rights for his reasons. The man, who identified himself as a 20-year combat veteran in a video posted to social media by the news outlet The Bulwark, said, “I’m burning this flag as a protest to that illegal fascist president that sits in that House,” as he pointed toward the White House from Lafayette Square. (For more information visit NBC NEWS)
In conclusion, Trump officials are adamant on putting those who have burned the American flag under federal prosecution. Alongside that, they are also trying to discuss with the courts to overturn earlier rulings about the burning of the flag.
