(The Center Square) – President Donald Trump signed an executive order Monday requiring federal prosecutors to investigate and prosecute people for burning the American flag, a practice the U.S. Supreme Court said was protected speech in 1989.
In his executive order on Monday, Trump said that the flag is an important symbol that should be protected.
“Over nearly two-and-a-half centuries, many thousands of American patriots have fought, bled, and died to keep the Stars and Stripes waving proudly,” according to the order. “Desecrating it is uniquely offensive and provocative.”
Civil liberties groups questioned the order, especially in light of the Supreme Court ruling.
The president said anyone who burns the American flag should spend a year in jail.
“You burn a flag, you get one year in jail,” the president said. “You don’t get 10 years, you don’t get one month. You get one year in jail, and it goes on your record, and you will see flag burning stopping immediately.”
Trump acknowledged the high court’s 1989 ruling, but said federal prosecutors still have room to pursue criminal charges in some cases.
“The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment,” the order said.
In the order, Trump likened the practice to “fighting words.”
“Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected,” it noted.
The order instructs U.S. Attorney General Pam Bondi to “pursue litigation to clarify the scope of the First Amendment exceptions in this area” if needed.
The Foundation for Individual Rights and Expression, or FIRE, said Trump has no authority to change the First Amendment, which protects speech.
FIRE Chief Counsel Bob Corn-Revere said that no matter how offensive, flag burning is protected.
“Flag burning as a form of political protest is protected by the First Amendment. That’s nothing new. While people can be prosecuted for burning anything in a place they aren’t allowed to set fires, the government can’t prosecute protected expressive activity – even if many Americans, including the president, find it ‘uniquely offensive and provocative.'” he said in a statement. “You don’t have to like flag burning. You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say.”
Former Supreme Court Justice William J. Brennan, a Democrat nominated by former President Dwight Eisenhower, wrote the majority opinion in the 1989 case.
“We can imagine no more appropriate response to burning a flag than waving one’s own, no better way to counter a flag-burner’s message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by – as one witness here did – according its remains a respectful burial,” the majority opinion read. “We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represent.”
The existing nine-member Supreme Court has a 6-3 conservative majority.
Protecting the flag burners on the deception that it’s all about free speech, when it’s really about hating America, defying accepted social values, and desecrating the lives given in battle by our military men to defend citizen’s rights to choose insanity and make the wrong choices. If Trump cannot stop the flag desecration burnings with an executive order, based on feel good Supreme Liberal interpretations, he sure as hell can guarantee a blanket presidential pardon for anyone who defends the flag and breaks a few noses, and twists a few arms, short of outright murder, getting the fools to stop desecrating the American symbol of human sacrifice and love of country. These weak sisters who engage in pyrotechnic political protestations would think twice if they knew there were real men in the crowd ready, willing and eager to just do the right thing and protect our symbols of American good over Political symbolic acts of Unamerican evil, self-serving, political posturing paranoias. What these socialists/communists really seek to burn down is American itself. If you cannot shout fire in a crowded theatre, how come you can burn an American flag in a crowded emotional street demonstration?,,,and not expect American patriotic defiance to break out? If the patriotic dead could speak or vote, these fools would all go to jail, and later to hell itself.
“No greater love hath a man than he lay down his life for his friend”,,,, or his country. The flag represents the country itself. Those who would burn it have no concept of human self-saccrifice, let alone true love of fellow American other.
This is yet ANOTHER instance in which Reagan’s Scotus pics, buggered up BIGGLY.
They should have never made it that burning the flag, was Protected 1st amendment speech…
Stating to someone that they deserve to die is free speech, acting out the statement is totally unlawful except in cases of self defence,,,,,,stating a threatening to burn the American flag and all it represents may have to be tolerated as free speech, but not the act of torching first the flag and then the emotions of the people into retributive violence. You don’t tug on Superman’s Cape, you don’t spit into the wind, and if you burn the flag of WE THE PEOPLE and our American fighting rangers then you might and aught to end up minus alot of your skin.
If they’re that upset with the world let them set themselves on fire.
How does burning the U.S. FLAG relate to Amendment one :
The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791″
Burning the U.S. Flag is an physical action, not speech. Is burning a car, a house or a person protected by the First Amendment???
What gets me, is DOZENS UPON DOZENS of folks are in jail, for BURNING THE PRIDE flag, or the ISIS flag, or Korans..
SO WHY IS THAT WRONG/Criminal, but burning the US FLAG (especially for citizens), protected speech??
I would think lighting anything on fire in a public space would be some sort of code violation. Like a cigarette for example. Or, a dumpster, or a Police cruiser.
AHH, but that’s only peacefully burning things…