Trump Mandates Flag Burners Face Prosecution: First Amendment Challenge
Despite a Supreme Court ruling protecting flag burning as free speech, President Trump has issued an order directing the Department of Justice to prosecute anyone who desecrates the American flag, seeking to overturn the 1989 decision. The order aims to criminalize flag burning, potentially leading to a year of incarceration, contradicting the First Amendment. This directive also instructs the Secretary of State to deny visas and other benefits to foreign nationals who desecrate the flag, further restricting free speech. Legal experts have criticized the order, asserting that it cannot override the First Amendment’s protections for symbolic speech, even if offensive.
John Q. Hosedrinker