President Trump signs executive order on flag burning

By 
 August 26, 2025

President Donald Trump has long shown deep affection for the American flag and prominently displayed it at his campaign rallies.

In a move which left his MAGA base cheering, Trump signed an executive order on Monday directed towards those who burn the nation's banner. 

Order addresses "content-neutral" crimes associated with flag burning

As Breitbart reported, the order recognizes that the Supreme Court held in Texas v. Johnson that laws which specifically ban flag burning violate the First Amendment.

However, it noted that the ruling did not preclude authorities from prosecuting other crimes which flag burners may also commit.

"The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment," the order states.

"This may include, but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws," it continues.

"In cases where the Department of Justice or another executive department or agency (agency) determines that an instance of American Flag desecration may violate an applicable State or local law, such as open burning restrictions, disorderly conduct laws, or destruction of property laws, the agency shall refer the matter to the appropriate State or local authority for potential action," the order goes on to add.

President criticizes "sad" Supreme Court ruling

Breitbart noted that for his part, Trump criticized the Supreme Court in Texas v. Johnson while speaking with reporters at the White House on Monday.

"As you know, through a very sad court, I guess it was a five-to-four decision, they called it freedom of speech," Trump said of the ruling.

The president then went on to highlight the potential for public disorder and violence which acts of flag burning can lead to.

Trump warns of potential for violence that flag burning can bring

"But there’s another reason, which is perhaps much more important. It’s called death because what happens when you burn a flag, is the area goes crazy," Trump asserted.

"If you have hundreds of people, they go crazy," he declared. "When you burn the American flag, it incites riots at levels that we’ve never seen before."

"People go crazy — in a way, both ways. There are some that are going crazy for doing it. There are others that are angry — angry about them doing it," he insisted.

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