Trump signed a new executive order on flag burning and people are losing their minds. Headlines scream about jail time. Social media is melting down. Once again, the outrage machine is on overdrive. Let’s take a deep breath and talk about what this order really says.
The American flag is more than a piece of cloth. It is a symbol of the nation and what people have fought and died to protect. Burning it is offensive. It feels like a slap in the face to veterans and to anyone who still cares about this country. But here is the catch. The Supreme Court has already decided that flag burning counts as symbolic speech. That precedent has been around for decades and it is still standing today.
I’m sorry, but as long as this is the status quo, I’m not going to work myself into a state of hysteria about Trump’s executive order on burning the American flag pic.twitter.com/YCeHkaR2hC
— Christopher F. Rufo
(@realchrisrufo) August 25, 2025
A Quick Legal History
In 1989, the Supreme Court decided Texas v. Johnson. A protester named Gregory Johnson burned the American flag outside the Republican National Convention. Texas tried to prosecute him under state law. The Court ruled 5 to 4 that the First Amendment protects that act. They said you cannot ban expression just because people find it offensive.
A year later, Congress tried to get around that ruling by passing the Flag Protection Act of 1989. Protesters burned flags again to challenge it. That led to United States v. Eichman in 1990. The Supreme Court struck the law down for the same reason. Burning the flag is offensive, but it is still symbolic political speech.
Like it or not, that is the law of the land.
What the Executive Order Actually Says
Trump’s executive order does not erase those Supreme Court decisions. It cannot. An executive order does not override the Constitution. What this order does is direct the Attorney General to enforce existing laws that apply when a protest crosses the line.
That means if you burn a flag while also starting a riot, destroying property, or blocking streets, law enforcement can use those laws to charge you. Not for the flag burning itself, but for the crimes attached to it. Which raises the question: why do we even need an executive order to tell law enforcement to do their jobs?
The order also includes a new provision for foreign nationals. If you are here on a visa and you burn the American flag, immigration officials can revoke that visa or send you home. That part will definitely face legal challenges. It is new territory and courts will have to decide if it holds.
Why All the Drama
Because people don’t take the time to read and research anymore, allow me to spell it out. The drama comes from the headlines. Reporters want clicks, and outrage sells. Trump bans flag burning makes a better story than Trump reminds DOJ to enforce existing laws.
At the signing, Trump even said that burning the flag would bring a year in jail with no exceptions.
That is not what the text of the order says. The order leans on laws that are already on the books.
So I have to ask, why do we even need an executive order to begin with? The laws are already there. If someone burns a flag and it leads to arson, assault, or disorderly conduct, law enforcement has every tool it needs to act. The Constitution never protected those crimes, only the symbolic act itself. An executive order should not be necessary to remind prosecutors and police to do their jobs. If anything, the order feels like a public scolding aimed at government officials who have been too timid to enforce the laws already on the books.
What People Need to Know
The First Amendment is still intact. If you want to burn your own flag in your backyard, you can. Nobody is going to drag you off in handcuffs for striking a match. The Supreme Court has made that clear.
But if you burn a flag and it sparks a riot or damages property, law enforcement can charge you under existing laws. That was true before this executive order, and it is true now. If you are a foreign national here on borrowed time, then yes, this order makes it riskier to pull a stunt like that.
The outrage is misplaced. This is not the end of free speech. It is a showpiece order that reinforces existing laws and adds a warning to noncitizens. If you want to torch the flag with your Bic lighter, you can. Just do not expect sympathy when the fire marshal or immigration officers show up.
Congratulations, You Lit a Campfire, Not a Revolution.
Of course someone had to immediately show their ass and stupdity –
WASHINGTON — Federal authorities Monday arrested a man across the street from the White House after he set an American flag on fire the day President Donald Trump signed an executive order intended to crack down on flag burning.
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.
The Secret Service said in a statement that it detained the man around 6:15 p.m. ET “for igniting an object” and that he was turned over to U.S. Park Police.
Park Police said they arrested the man for violating a statute that prohibits lighting a fire in a public park. – Newsweek
The U.S. Park Police previously told Newsweek: “At about 6:30 p.m., the United States Park Police arrested one person in Lafayette Park for a violation of 36 CFR 2.13(a)(1), prohibited fire. All units have cleared the scene.”
He was arrested for violating a law by starting a prohibited fire. And I put money down that he won’t spend a year in jail for it either. He was arrested on Monday and released hours later.
Final Thoughts
The American flag deserves respect. Burning it is ugly. But the right to offend is part of living in a free country. The Supreme Court recognized that decades ago, and the precedent still holds. Trump’s executive order does not change that. It makes a political statement more than a legal one.
So the next time you see a headline about the flag-burning order, remember the truth. The Constitution is not going up in flames. Free speech is still protected. If someone insists on setting fire to the flag, they can. And if they cross into crime, they can face the consequences.
Feature Image: Created in Canva Pro
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The post Trump’s Flag Burning Executive Order: Calm Down, America appeared first on An Americanist.
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