Executive Order on Flag Desecration
WASHINGTON — President Donald Trump signed an executive order on Monday that directs the U.S. attorney general to prosecute those who desecrate the American flag, including by burning.
“The American flag is the most sacred and cherished symbol of the United States of America, and desecrating it is uniquely and inherently offensive and provocative. It is a statement of contempt and hostility toward our Nation,” a fact sheet said.
Burning a flag is provocative and could incite violence or a riot, the executive order says.
“Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected, the executive order says.
Background and Context
The order instructs the attorney general to “vigorously prosecute” people who violate flag desecration laws and pursue litigation to clarify the scope of the First Amendment regarding the issue, the fact sheet said. It cites recent protests, including in Los Angeles in June, in which flags were burned “alongside violent acts and other conduct threatening public safety.”
In addition, the executive order directs the attorney general to refer flag desecration cases to state or local authorities. It also instructs the administration to prohibit and terminate visas, residence permits and naturalization proceedings for those who desecrate the flag.
Supreme Court Ruling
The Supreme Court has already weighed in on flag burning and disagreed with Trump. In 1984, Gregory Lee Johnson burned an American flag outside the Republican National Convention in Dallas to protest the Reagan administration. Johnson was convicted under Texas law and sentenced to one year in jail and a $2,000 fine.
After a Texas court reversed the conviction, the case went to the Supreme Court, which ruled 5-4 that burning a flag is considered free speech protected by the First Amendment.
“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,” Chief Justice William Brennan wrote in the majority opinion.
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Conclusion
The executive order on flag desecration has sparked controversy and debate, with some arguing that it infringes upon First Amendment rights. The Supreme Court has previously ruled that flag burning is a form of protected speech, but the Trump administration has taken a different stance. As the issue continues to unfold, it remains to be seen how the courts will interpret the executive order and its implications for free speech in the United States.
Frequently Asked Questions
Q: What is the executive order on flag desecration?
A: The executive order directs the U.S. attorney general to prosecute those who desecrate the American flag, including by burning.
Q: Is flag burning considered free speech?
A: The Supreme Court has ruled that flag burning is a form of protected speech under the First Amendment.
Q: What are the implications of the executive order?
A: The executive order could potentially infringe upon First Amendment rights and lead to increased prosecution of individuals who engage in flag desecration.
Q: How does the executive order affect immigration?
A: The executive order instructs the administration to prohibit and terminate visas, residence permits, and naturalization proceedings for those who desecrate the flag.
