Former President Donald Trump has declared that anyone caught burning the American flag will face immediate arrest and a one-year prison sentence, citing a new executive order signed on August 25, 2025.
In a message posted Friday evening on Truth Social, Trump addressed U.S. Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), law enforcement, and the 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,” Trump wrote. “You will be immediately arrested. Thank you for your attention to this matter!”
Despite the strong language in his public statement, the executive order itself does not create new laws or penalties. Instead, it directs the Department of Justice to enforce existing federal, state, and local laws related to flag desecration “to the maximum extent permitted by the Constitution.”
The order describes the American flag as “the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength.” It argues that burning the flag is “a statement of contempt, hostility, and violence against our Nation” and could “incite violence and riot.”
“The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life,” the order states. “Desecrating it is uniquely offensive and provocative. Burning this representation of America may incite violence and riot.”
It also highlights concerns about foreign nationals using flag burning as a “calculated act” to threaten Americans based on their nationality.
While the executive order acknowledges constitutional limits, its call for stricter enforcement may provoke legal challenges. The U.S. Supreme Court has ruled twice in Texas v. Johnson (1989) and United States v. Eichman (1990) that flag burning is a form of speech protected under the First Amendment.
However, the order asserts that these protections do not extend to acts that incite imminent violence or constitute “fighting words.” It directs the Attorney General to pursue aggressive prosecution in such cases and encourages litigation to clarify the limits of First Amendment protections concerning flag desecration.
Additionally, the order outlines broader enforcement measures under existing laws, including hate crime statutes, civil rights violations, property damage, and immigration consequences for non-citizens involved in flag burning. Federal agencies are instructed to consider revoking visas or naturalization for foreign nationals who desecrate the flag.
White House spokeswoman Abigail Jackson defended the executive order in an interview with Fox News Digital. “President Trump will not allow the American Flag, a special symbol of our country’s greatness, to be used as a tool to incite violence and riots that jeopardize the safety of everyday Americans,” she said.
“President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos,” Jackson added.
The order concludes with standard legal language, clarifying that it does not create a private right to legal action and will be implemented in accordance with existing laws and available funding.
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