Trump orders crackdown on US flag burning and desecration
President Donald Trump signed an executive order on Monday directing the US attorney general to prosecute those who burn or in any way desecrate the American flag, leading to criticism by free speech advocates.
“If you burn a flag, you get one year in jail, no early exits, no nothing,” Trump said as he signed the order in the Oval Office.
The order instructs the attorney general to “vigorously prosecute” people who violate flag desecration laws and to pursue litigation to clarify the scope of the First Amendment regarding the issue.
The US Constitution’s First Amendment protects individuals’ free speech rights. The US Supreme Court held in 1989 that burning or otherwise destroying the nation’s flag was protected as a free speech right.
“You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say,” the free speech group Foundation for Individual Rights and Expression said in a statement condemning Trump’s order.
The order signed by Trump also directs the attorney general to refer flag desecration cases to state or local authorities, and instructs the administration to prohibit and terminate visas, residence permits, and naturalization proceedings for those who desecrate the flag.
Civil rights advocates and human rights experts have raised concerns about free speech over multiple actions taken by the Trump administration since taking office in January.
These include threatening colleges with federal funding cuts over pro-Palestinian protests against US ally Israel’s military assault on Gaza, attempts to deport foreign protesters, immigration rules that call for rejection of visa applications and immigration benefits for certain people, and reviews of museums over their depictions of US history.
Trump casts his effort as a means to tackle what his administration has called “anti-Americanism.”
“Desecrating (the US flag) is uniquely offensive and provocative. It is a statement of contempt, hostility, and violence against our Nation,” the order said.
The Trump administration said in the order that First Amendment rulings by the Supreme Court have not protected actions such as American flag desecration that are likely to incite “imminent lawless action” or actions that amount to “fighting words.”
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