Federal Prosecutors Charge Veteran for Flag Burning Following Trump DOJ Directive Despite Supreme Court Precedent
Federal prosecutors charged a military veteran for burning a U.S. flag during a White House protest, following Trump’s executive order directing the Department of Justice to prosecute flag burning despite clear Supreme Court precedent protecting the act as constitutionally protected speech. Trump’s DOJ circumvented the Supreme Court’s Texas v. Johnson (1989) ruling by charging protesters with workaround offenses such as disorderly conduct and property destruction rather than flag desecration directly. This prosecutorial strategy weaponizes tangential charges to punish protected political expression while technically avoiding direct conflict with Supreme Court precedent. The targeted prosecution of a veteran for symbolic protest exemplifies selective enforcement designed to chill dissent: the government surveils protesters, identifies those engaging in constitutionally protected but politically unpalatable speech, and manufactures criminal charges to punish them. By defying judicial limits on government power through creative charging, the DOJ signals that constitutional protections are mere technicalities to be circumvented rather than meaningful constraints on executive authority.
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