By Rita Cook
WASHINGTON, D.C. – While I do not think it is a good idea to burn the American flag, it is an even worse idea to take away American’s First Amendment rights.
Last week President Donald Trump signed an Executive Order that “Protects the American Flag from Desecration.”
He said he signed this order to restore respect, pride, and sanctity to the American flag and prosecute those who desecrate this symbol of our freedom, identity, and strength to the fullest extent permissible.”
The order cited recent protests. It specifically called out the protests in Los Angeles in June that “featured flag burning alongside violent acts and other conduct threatening public safety.”
The order read “Such conduct disrespects the sacrifices of Americans who bled for our country and undermines the flag as a symbol that unites and represents all Americans of every background and walk of life.”
The order also mentioned the Supreme Court “has never held that flag desecration conducted in a manner that is likely to incite imminent lawless action or serve as a form of fighting words is constitutionally protected.”
This is where that bad idea begins.
Remember when late Supreme Court Justice Antonio Scalia said that if he had his way there would be repercussions regarding flag burning.
But Scalia pointed out it is not about his way, but the way of the Constitution. And the Constitution protects flag-burning as a form of free speech.
When Trump signed EO 14341 that sent him on a trajectory to challenge a 5-4 Supreme Court decision that has stood since 1989 protecting free speech. At that time Scalia had joined the majority ruling that flag burning was designated as a protected exercise of free speech.
Now in 2025 Trump stands to win this argument redefining free speech since the SCOTUS is now a 6-3 conservative majority.
Attorney General Pam Bondi has also been put on the case. Trump told her to “vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag.”
Trump said during the signing “You burn a flag; you get one year in jail. You do not get 10 years; you do not get one month.”
Even so, in the EO there is no clear explanation that one-year is the punishment for flag-burning.
More to the point Trump does not have the authority to set penalties because this act is still protected under the First Amendment.
For foreign nationals flag burning could lead to bigger problems though including revoked visas and deportation.
While the EO is correct when it states flag-burning “is a statement of contempt, hostility, and violence against our Nation,” that does not change the SCOTUS ruling.
In fact, after the Texas v. Johnson ruling, that began when Gregory Lee Johnson burned an American flag during a protest outside the Republican National Convention in response to President Ronald Reagan’s nomination for Republican reelection, Justice William J. Brennan wrote a strong majority statement on the vote protecting free speech.
“We do not consecrate the flag by punishing its desecration, for in doing so, we dilute the freedom that this cherished emblem represents,” he said.
During the EO signing, Trump referred to that ruling and called it a “very sad court.”
What is sad is American citizens feel the need to burn the American flag to be heard.
Perhaps the politicians we put in office need to be voted out if they do not pay attention. Perhaps the politicians should listen instead of attempting to ban Americans from exercising their First Amendment rights.
Rita Cook is a world traveler and writer/editor who specializes in writing on travel, auto, crime and politics. A correspondent for Texas Metro News,
she has published 11 books and has also produced low-budget films.
