President Donald Trump on Monday signed an executive order directing the Justice Department to prosecute individuals who burn or desecrate the American flag, calling the act “provocative” and a threat to public safety. “If you burn a flag, you get one year in jail, no early exits, no nothing,” Trump said in the Oval Office. “You get one year in jail, and it goes on your record and you will see flag burning stopping immediately.” He argued that flag burning is even more important to address than protecting monuments, as Americans do not want to see their flag burned by “paid agitators.”

Trump acknowledged that flag burning is protected under the First Amendment as free speech but warned that it can provoke violent riots. “Flag burning all over the country,” he said, noting a 5-4 Supreme Court decision had ruled it protected speech. The executive order challenges decades of Supreme Court precedent, including Texas v. Johnson (1989) and United States v. Eichman (1990), which struck down laws banning flag desecration on constitutional grounds.

Legal experts predict the order will trigger new court challenges, potentially testing whether the current Supreme Court might reconsider earlier rulings. Critics argue the order is unconstitutional, while supporters emphasize defending national symbols.

Trump stressed the danger of flag burning, saying, “What happens when you burn a flag is the area goes crazy… it incites riots at levels that we’ve never seen before.” He pointed to the chaotic reactions that flag burning can spark, describing how protests quickly escalate.

He concluded, “You can do other things… but when you burn the American flag, it incites riots.” Trump emphasized that while protests are allowed, the flag itself should be off-limits to protect public safety.