President Donald Trump has ignited controversy with a sweeping new executive order that seeks to criminalize the burning of the American flag; a move that has drawn sharp criticism from legal experts, free speech advocates, and even some of his staunch conservative supporters.
During a signing ceremony in the Oval Office on Monday, Trump declared that the destruction of the U.S. flag was “uniquely offensive and provocative,” describing it as a deliberate act intended to “incite violence and riot.”
He argued that the symbol of American freedom must be protected with the full force of federal law, and vowed that those who burn the flag would face prosecution “to the fullest extent permissible under any available authority.”
The White House also framed the issue as a national security concern, claiming that foreign nationals have used flag burning as a “calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth.”
To ensure enforcement, Trump directed Attorney General Pam Bondi to make prosecution of flag-burning incidents a top priority, while stressing that such efforts should remain “consistent with the First Amendment.”
Still, critics immediately pointed out the inherent contradiction in Trump’s order. While the president attempted to link the measure to public safety and patriotism, legal scholars note that the U.S. Supreme Court has repeatedly affirmed that flag burning, no matter how offensive, constitutes a form of free speech protected under the Constitution.
What surprised many observers was that pushback came not just from expected quarters, like civil liberties groups, but also from prominent conservative voices who normally align with Trump on matters of national pride.
Right-wing radio host Jesse Kelly blasted the move on X, writing: “I would never in a million years harm the American flag. But a president telling me I can’t has me as close as I’ll ever be to lighting one on fire. I am a free American citizen. And if I ever feel like torching one, I will. This is garbage.”
Other conservatives echoed that frustration. Former NRA spokesman Dana Loesch called the order “vile” in sentiment, but warned that the government “has no right to control speech or expression.”
Christian broadcaster Erick Erickson took aim at its legality, noting (via The Independent): “While I agree with the sentiment, it is unfortunately well-settled constitutional law that burning the flag is a matter of free speech, and the executive does not get to create crimes.”
Supporters of the order, however, praised Trump for taking a hard line. Nile Gardiner, a conservative commentator for The Telegraph, hailed the action as “brilliant,” in a post on X, insisting that those who burn the flag and “hate America” should simply leave the country.
Trump himself left little room for ambiguity. “You burn a flag, you get one year in jail,” he said, suggesting that a clear and mandatory sentence would quickly deter the act altogether. “You don’t get 10 years. You don’t get one month. You get one year in jail. And it goes on your record.”
While Trump’s executive order may rally his most loyal supporters, its fate in the courts is almost certain to reignite a battle that has played out for decades over where patriotism ends and the First Amendment begins.