US President Donald Trump has signed an executive order criminalizing the burning of the American flag, with offenders facing up to one year in prison. The order, signed on August 25, 2025, directs the US Attorney General to “vigorously prosecute” individuals who desecrate the flag, citing it as a symbol of national unity and identity.
“If you burn a flag, you get one year in jail, no early exits, no nothing,” Trump said while signing the order in the Oval Office. The order also targets foreign nationals, who could face visa revocation, deportation, and denial of immigration benefits.
The move has sparked controversy, with free speech advocates arguing it violates the First Amendment. The Supreme Court had previously ruled in 1989 (Texas v. Johnson) that flag burning is protected as symbolic speech. Critics say Trump’s order attempts to circumvent this ruling.
The executive order claims flag burning can incite violence and is not protected under the First Amendment if it leads to “imminent lawless action” or constitutes “fighting words”.