Trump โขRevives Push โto Penalize Flag โฃBurning, citing Incitement and National Pride
WASHINGTON โฃ- โFormer president Donald Trump is โขonc again advocating for penalties โขfor those who โขburn the American flag, reiterating his call for a one-year jail sentence during a recent visit to Fort Bragg, Northโข Carolina, on June 10th. This renewed effort comes as the nation approaches โits 250th anniversary in 2026, โa period Trump has framed as a time for celebrating American heritage.
Trump initially raised the issue while speaking at Fort Bragg as part of the U.S. Army’s โ250th anniversary celebrations, and following sometimes violent protests in Los Angeles against immigration enforcement. “People that โburn the American โฃflag should go to jailโ for one year, that’s what they should be doing, one year,” he stated, according to a transcript from Rev.com.
This isn’t the frist time Trump has publicly championed suchโ a measure. he previously called for a one-year penalty for flag burningโ during a rally in Tulsa, Oklahoma, in June 2020, amidstโค his presidential campaign. โข He was photographed embracing an American flag at the Conservative Politicalโฃ Action Conferenceโข (CPAC) in Nationalโฃ Harbor, Maryland, โขon March 2, 2019 โข(photo credit: Yuri Gripas, Reuters).
While a formal executive order addressing the issue was previously considered, the legal โpath remains complex. The Supreme Courtโ has repeatedly ruled โthat flag burning is a form of protected speech under the First amendment. Landmark cases, such as Texas v. Johnson โ(1989) and United Statesโ v. Eichman (1990), โคestablished this precedent, finding that flag desecration is expressive conduct and therefore falls under constitutionalโข protection.
However,Attorney General Pam โฃBondi previously suggested in 2019 that prosecution might be possible without violating the Firstโ Amendment,focusing on โฃthe “fighting words” doctrine – the โidea that speech inciting imminent lawless action is not protected. Trump’s argument centers on this interpretation of Supreme Court decisions,โค claiming that flag burning incites riots. “What happens whenโค you burn the flag, the area goes crazy,” Trump said. “When you โburn the American flag, it incites riots.”
Flag โburning has a long history asโฃ a โform of political protest in the United States, dating back to the Civil Rights movement and the โคVietnam Warโฃ era. Itsโค often โคemployed as a symbolic act of โdissent against government policies. Instances of flag burning have occurred near the White House, including a scuffle that broke out on independence Day in โ2019.
The debate over flag burning touchesโ uponโข fundamental questionsโ about the limits of free speech and the balance between protecting individual expression and upholdingโค national symbols. The Supreme Court’s consistent defense ofโ flag burning as protected speech has consistently frustratedโ those who view โคthe act โas โdisrespectful and unpatriotic, leading to โฃongoing โฃcalls for legislative or constitutionalโ changes to allow for penalties.
