Trump to sign flag burning, desecration executive order - Fox News

Trump to sign flag burning, desecration executive order - Fox News

President Donald Trump is expected to sign an executive order on Monday, August 21, aimed at cracking down on flag burning and desecration. The order will direct the attorney general to prosecute those who violate laws involving flag desecration and to pursue litigation to clarify the scope of the First Amendment as it relates to flag burning [1].

The executive order comes in response to recent incidents of flag burning by protesters, including anti-Israel and anti-ICE demonstrations. Notably, during anti-Israel protests, flags were burned outside the Democratic National Convention in Chicago and in Washington, D.C., during Israeli Prime Minister Benjamin Netanyahu's address to Congress. Additionally, anti-ICE protesters in Los Angeles were seen burning the American flag while waving Mexican flags in response to federal law enforcement efforts to secure the U.S. border [1].

The order will also direct the attorney general and secretary of homeland security to deny, prohibit, terminate, or revoke visas or other immigration permits and benefits of non-citizens who have been determined to have desecrated the flag. This is part of Trump's broader effort to promote patriotism and restore national pride [1].

This executive order follows a series of actions by Trump to address flag desecration, including his call for a constitutional amendment to ban flag burning and his suggestion that flag-burning protesters could face a year-long prison sentence. In June, he reiterated his stance on flag burning during a speech at Fort Bragg, North Carolina [2].

The executive order is set to be signed on Thursday, August 24, and will direct the Justice Department to review cases involving flag burning to see if charges can be brought under laws other than those specific to flag burning, such as public nuisance or disorderly conduct [2].

The move is likely to face legal challenges, as the U.S. Supreme Court has ruled that flag burning is a form of political expression protected by the First Amendment. In 1989, the Supreme Court ruled in a 5-4 decision that burning a flag is a form of political expression and cannot be made illegal. Congress subsequently passed a law banning flag burning, which was also overturned in a subsequent Supreme Court case [2].

References:
[1] https://www.foxnews.com/politics/trump-crack-down-flag-burning-desecration-executive-order
[2] https://www.bloomberg.com/news/articles/2025-08-20/trump-plans-executive-order-on-flag-burning-newsnation-reports