President Donald Trump signed an executive order to prosecute people who burn the flag, but the Supreme Court ruled in 1989 it was a protected protest under the First Amendment

Washington

President Trump has issued an executive order mandating prosecution for individuals who burn the American flag, specifying a penalty of one year in jail where the law allows. This move comes despite two Supreme Court rulings, including one in 1989, that protect flag burning as a form of political protest under the First Amendment.

The executive order is focused on instances where flag burning leads to violence, with the administration arguing that the First Amendment does not protect speech that incites violence. Critics, including some Democrats, question the motivations behind the order. Shortly after the order was signed, a man was arrested for burning a flag outside the White House, though he was charged under existing laws prohibiting lighting fires in public parks.

Trump executive order challenges 1989 Supreme Court flag ruling

The president signed an executive order to prosecute people who burned the flag, but the Supreme Court ruled in 1989 it was a protected protest under the First Amendment. Rebecca Kastner has more on the legal challenges the president's order will face. From anti-Israel demonstrations to anti-ice riots, burning the American flag has become a viral form of protest, and President Trump has had it. When you burn the American flag, it incites riots at levels that we've never seen before. People go crazy. That's why he signed an executive order Monday mandating people are prosecuted for burning flags where the law allows. What the penalty is going to be, if you burn a flag, you get one year in jail, no early exits, no nothing. The Supreme Court has ruled twice that flag burning is a protected form of political protest under the First Amendment, but this executive order is specifically aimed at flag burning that leads to violence. The First Amendment does not protect inciting violence. This president wants to ensure that crimes that incite violence, that make people less safe, including ones related to the burning the American flag, are prosecuted. Some Democrats, though, aren't convinced Trump's intentions are truly patriotic. Now he's talking about burning flags. He's going to have flag burning or whatever, because he knows there's a hell of a lot of flags with his picture on it that are going to get burned. Just hours after President Trump signed this executive order, a man was arrested for burning the American flag outside the White House. U.S. Park police say he violated a law prohibiting lighting fires in a public park. In Washington, Rebecca Kastor, Fox 32 Chicago.

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