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“Anyone who burns the American flag should get one year in jail,” Trump stated, asserting that such penalties would immediately halt flag burning incidents.
The First Amendment protects political expression and speech. In 1989, the Supreme Court ruled 5-4 that burning a flag is a form of political expression and is not illegal. Attorney General Pam Bondi noted that while prosecuting flag burners could be achieved, it must be done without violating this constitutional protection.
“Without running afoul of the First Amendment,” said Bondi, “we can achieve our goal.”
Trump’s order was announced during a year-long celebration marking the country’s 250th anniversary on July 4, 2026. He referenced flag burning penalties while visiting Fort Bragg in North Carolina as part of the U.S. Army’s 250th anniversary.
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“People who burn the American flag should go to jail for one year,” Trump said following protests against immigration enforcement in Los Angeles.
Trump had previously advocated for a one-year penalty for flag-burning, including during a rally in Tulsa, Oklahoma, in June 2020. He was photographed hugging an American flag at the Conservative Political Action Conference in March 2019.
Occasionally, flags are burned during protests near the White House, including in 2019.
