Trump Attempts to Erode Free Speech with Executive Order Prosecuting Flag-Burning

Posted on August 28, 2025

As detailed in a press release issued by FIRE, Trump is attempting to chip away at free speech with a newly signed executive order cracking down on flag-burning. The new decree from Trump represents the latest and most dangerous attempt of his second term to chill speech critical of administration policies.

As FIRE—and, previously, CCDBR—pointed out, burning of the American flag (or any other flag) is well-established in US case law as a form of First Amendment-protected speech. No president has the power to unilaterally rebuke the court rulings, most notably Texas v. Johnson, which guarantee this form of expression to Americans.

The order clumsily attempts to sidestep the courts by specifying that it solely advises the prosecution of those who burn flags in connection with other offenses. But if other offenses have been committed, then prosecution can already be pursued, Trump’s executive order notwithstanding. Thus, the directive materially changes neither the law nor the constitution. At most, it underscores the thrust of his administration’s “prosecutorial discretion.”

Civil liberties advocates should take this as a prompt to be vigilant for future, more serious incursions into speech freedom from the Trump White House.

You can read the full press release from FIRE here.