Trump orders 'immediate arrests' for flag burning with violators facing one-year prison
WASHINGTON, DC: President Donald Trump on Friday night reiterated his stance on flag burning, claiming the authority to imprison anyone who burns the American flag for one year.
In an executive order signed in August 2025, Trump instructed US law enforcement and military personnel to immediately arrest violators.
Donald Trump directs immediate arrests of flag burners
Trump took to his Truth Social platform to issue a direct directive to law enforcement and military agencies.
“To ICE, Border Patrol, Law Enforcement, and all US Military: As per my August 25, 2025 Executive Order, please be advised that, from this point forward, anybody burning the American Flag will be subject to one year in prison. You will be immediately arrested. Thank you for your attention to this matter!” he wrote.
Trump: To ICE, Border Patrol, Law Enforcement, and all U.S. Military: As per my August 25, 2025 Executive Order, please be advised that, from this point forward, anybody burning the American Flag will be subject to one year in prison. You will be immediately arrested. pic.twitter.com/PYbB4fdoRA
— Acyn (@Acyn) October 3, 2025
Donald Trump calls flag burning threat to safety
The president has framed his executive order as a response to what he called “a very important” issue.
Speaking when signing the order, Trump emphasized the dangers he associates with flag burning:
“Flag burning, all over the country, they’re burning flags. All over the world, they burn the American flag. And as you know, through a very sad court, I guess it was a 5-to-4 decision — they called it freedom of speech. But there’s another reason, which is perhaps much more important. It’s called death. Because what happens when you burn a flag is the area goes crazy,” he said.
Legal experts reject Donald Trump’s authority claim
Legal experts, however, have criticized Donald Trump’s claims, highlighting the limits of presidential authority under the Constitution.
In 1989, the US Supreme Court struck down a state law banning flag burning, and a year later, it similarly invalidated a federal statute criminalizing the act.
The court ruled that flag burning constitutes symbolic speech protected under the First Amendment.
“The Bill of Rights has not been amended since flag burning was held by the Supreme Court to be First Amendment-protected, and there is no reason to believe that President Trump’s latest effort at limiting speech will be sustained by the Supreme Court,” noted legendary First Amendment lawyer Floyd Abrams, father of Mediaite founder Dan Abrams.
