Trump Challenges Flag-Burning Protections

Liberty Check

President Trump has signed an executive order directing the attorney general to prosecute individuals who desecrate the American flag during unlawful acts and to pursue legal action to clarify First Amendment boundaries. This move targets a decades-old Supreme Court precedent that labeled flag-burning as protected speech.

The Supreme Court’s 1989 ruling in Texas v. Johnson determined that burning the American flag is symbolic speech protected by the First Amendment.

• The high court’s 5-4 decision protected flag-burning, even amid strong political protest.
• Chief Justice Rehnquist and others dissented, arguing the flag’s unique status deserved protection.
• Trump’s order seeks renewed debate over whether some expressive conduct should be outside constitutional protection.

“And what that would essentially do is tee up a challenge eventually for the Supreme Court to revisit and potentially overturn its prior precedent saying that burning an American flag is protected speech,” stated Zack Smith, a senior legal fellow at the Heritage Foundation.

Justice Brennan’s majority opinion in 1989 underlined, “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.”

As this debate reignites, citizens must remain alert to how First Amendment interpretations could shift and impact freedom of expression. Stand informed and ready to act to protect constitutional principles.

The Constitution must be defended.

Read the full report at Fox News