U.S. President Donald Trump is reportedly planning to sign an executive order to crack down on flag-burning. This is seen as an attempt to penalize the act without violating case law that recognizes flag-burning as a constitutionally protected expression.
On the 20th (local time), U.S. cable channel NewsNation reported that President Trump is expected to sign an executive order on the 21st to apply crackdowns on flag-burning. According to anonymous administration officials, the Department of Justice is reviewing the possibility of prosecuting flag-burning not merely as an 'act of burning' but under other charges such as public disorder or noise disturbance.
Officials explained that this is an attempt to suppress flag-burning without directly overturning established case law on freedom of expression.
Previously, President Trump has consistently indicated a tough stance on flag-burning since his first administration. He has mentioned various punishment measures such as revocation of citizenship and imprisonment, and during the last presidential campaign, he even proposed amending the Constitution to ban flag-burning.
In a speech at Fort Bragg military base in North Carolina last June, he stated that "those who burn the flag should go to prison for a year," and mentioned that he is pushing for relevant legislation, after which Republican Senator Josh Hawley proposed a bill to impose an additional year of sentencing for crimes involving flag-burning.
However, the U.S. Constitution broadly guarantees political freedom of expression, making substantive legislation difficult. In a 1989 5-4 ruling, the U.S. Supreme Court concluded that flag-burning falls under the 'political freedom of expression' protected by the First Amendment. Subsequently, Congress passed legislation banning flag-burning, but it lost effectiveness when the Supreme Court ruled it unconstitutional.
Attempts to amend the Constitution have also been repeatedly thwarted in Congress. Notably, in 2006, the Senate rejected an amendment by just one vote, drawing attention when then-Senate Minority Leader Mitch McConnell voted against it.
Flag-burning emerged as a political issue during anti-Vietnam War protests in the 1960s, and has since become a symbol of the conflict between norms emphasizing patriotism and the protection of freedom of expression. Recently, controversies have reignited as flag-burning has reappeared at rallies supporting Palestine and opposing immigration enforcement.
In fact, during the last presidential election, protesters opposing Israeli Prime Minister Benjamin Netanyahu's speech to the U.S. Congress burned flags in Washington, D.C.'s Union Station, and both President Trump and candidate Kamala Harris publicly criticized this act.
Experts noted that "the emotional backlash against flag-burning in American society is significant," while also forecasting that "with Supreme Court precedents firmly established, legal clashes are inevitable."