President Donald Trump has taken strict action against those who burn the American flag, signing an executive order on Monday. The order mandates strict measures against individuals who desecrate the US flag, instructing the Department of Justice to investigate such cases and prosecute the offenders.
This order acknowledges the 5-4 court decision in a 1989 Texas case. However, it asserts that prosecution is still possible if flag burning causes significant societal unrest. In that case, the justices, by a 5-4 majority, ruled that the First Amendment protects flag burning as a valid form of political expression. The late Justice Antonin Scalia, a conservative figure often praised by Trump, was among the majority.
Trump stated on Monday that burning the American flag incites riots and causes significant societal unrest. He believes that some people are so angered by flag burning that they resort to violence. According to Trump, when the flag is burned, the whole area goes wild, and hundreds of people become violent.
The executive order declares that defiling the American flag is deeply offensive and inflammatory. It symbolizes contempt, hostility, and violence toward our nation. Burning this symbol of America can provoke violence and riots. The order calls upon the Attorney General to prioritize the enforcement of criminal and civil laws against flag burning, which causes damage unrelated to the First Amendment.
Trump stated that the punishment for burning the flag will be one year in prison, with no opportunity for early release. The order also states that the visas, residence permits, citizenship processes, and other immigration benefits of foreign nationals who burn the flag can be revoked. They may also be deported.
Trump said that the court that ruled flag burning constitutionally protected was very unfortunate. The President said, I think it was a 5-4 decision. They called it freedom of expression. But there’s another reason, perhaps more important. They call it death. Trump said because when you burn the flag, the whole area goes crazy.
