Trump Orders Prosecution of Flag Burning Despite Supreme Court Ruling

President Trump signed an executive order titled ‘Prosecuting Burning of the American Flag’ directing the Department of Justice to prosecute individuals for flag burning, despite the Supreme Court’s landmark 1989 decision in Texas v. Johnson establishing flag burning as protected speech under the First Amendment. The order represents a direct challenge to established constitutional precedent and judicial authority.

The executive order instructs federal prosecutors to pursue charges against flag burners, effectively ordering the DOJ to enforce laws that the Supreme Court has deemed unconstitutional. This creates an extraordinary conflict between executive power and judicial review, positioning the administration in direct opposition to settled constitutional law.

This action exemplifies how executive orders can be weaponized to intimidate political dissent and challenge constitutional protections. By directing prosecutors to pursue cases with no legal foundation, the order wastes government resources, chills free speech, and signals that the administration will not be constrained by judicial precedent or First Amendment protections when targeting symbolic protests.