Conservatives unhappy with Trump order banning flag-burning

By 
 August 26, 2025

A number of conservatives are pushing back on the recent order by President Donald Trump banning the burning of the American flag, arguing that doing so is a free speech right that should not be impinged.

The order directs Attorney General Pam Bondi to prosecute cases of flag burning or other desecration and to engage in litigation that would further define whether the First Amendment applies to these acts. Bondi was also directed to refer cases of flag desecration that violate state and local laws to those authorities for prosecution.

His directive was thought to be a reaction to months of anti-ICE and anti-Israel protests in which protesters burned the American flag, but some conservatives took issue with it.

Most of them said they would never burn an American flag themselves, but defended the rights of others to do so.

"This is garbage"

"Banning flag burning is absurd. It’s anti–free speech and peak snowflake behavior. I would never burn the American flag because of what it symbolizes to me. But the act of banning the burning of it runs more contrary to American values than the burning itself ever could," evolutionary biologist Colin Wright wrote on X.

Radio host Jesse Kelly said, "I would never in a million years harm the American flag. But a president telling me I can’t has me as close as I’ll ever be to lighting one on fire. I am a free American citizen. And if I ever feel like torching one, I will. This is garbage."

"Flag burning is vile but the government has no right to control speech or expression," radio host Dana Loesch wrote.

Conservative commentator Erick Erickson wrote, "This is actually not brilliant. While I agree with the sentiment, it is unfortunately well settled constitutional law that burning the flag is a matter of free speech and the executive does not get to create crimes."

"I know nothing matters and you aren’t allowed to criticize your own side, but I’d like to return to a time when presidents didn’t sign unconstitutional executive orders for show," RedState writer Bonchie wrote.

But some conservatives did agree with the order, and many on the conservative side feel the same way that Trump does about flag-burning.

Lawsuits to follow

The penalty for burning the American flag under Trump's order is one year in jail, and Trump warned that it would go on a violator's permanent record.

There will certainly be lawsuits against this order, given previous Supreme Court rulings that considered flag burning a free speech right.

Setting something on fire is certainly an odd thing to fall under the category of free speech, particularly when the thing being set on fire symbolizes this country.

Not sure when destroying property got to be a constitutional right. Maybe this one will go the way of Roe V. Wade.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson