President Donald Trump signed an executive order Aug. 25, which has the Justice Department prioritizing the prosecution of people who burn the American flag when using it to incite lawlessness or provoke others into committing violent actions, according to whitehouse.gov.
In 1989, the Texas v. Johnson case took place in the Supreme Court, and the majority ruled that burning the flag is a form of symbolic speech and is protected by the First Amendment. The court said that just because society finds it offensive does not justify suppressing free speech. The argument surrounding this topic is whether this order will encroach on people’s freedom of speech. Many believe that burning the flag should be protected under the First Amendment, according to uscourts.gov.
This order expresses that because the Supreme Court has not given a ruling on whether burning a flag to incite rage or provoke others, it is also protected by freedom of speech and should carry consequences. Under this new executive order, people will still be allowed to burn the flag as a form of protest or if the flag is in disrepair, but not if they are burning the flag in a manner that could be deemed as “fighting words,” according to whitehouse.gov.
“In my opinion, protecting free speech, especially political expression, even if it’s controversial or offensive, is fundamental to a healthy democracy,” history teacher Terisa Koehler said. “While I do not agree with the burning of the American flag, banning it can set a dangerous precedent of limiting speech based on content or viewpoint. The best way to counter speech you disagree with is through more speech, dialogue and education, not censorship.”
President Trump says that burning the flag is uniquely offensive and is a statement of hostility and violence towards the U.S. He believes that burning the flag should carry a sentence of one year in jail with no chance of early release, according to abcnews.go.com.
This order will also give the Secretary of State, the Attorney General and the Secretary of Homeland Security the power to revoke certain immigration benefits when an immigrant from another nation has desecrated the American flag in a way that is prosecutable under the new order. These benefits include visas, residence permits and naturalization proceedings. This order would also give these positions the power to remove immigrants from the United States if the case is deemed severe enough, according to whitehouse.gov.






























