President Donald J. Trump has issued an executive order aimed at combating the desecration of the American flag, directing federal agencies to prioritize the prosecution of individuals who violate existing laws during such acts.
The order, signed on August 25, 2025, describes the flag as the nation’s “most sacred and cherished symbol” and states that its desecration is “uniquely offensive and provocative.” The text argues that such acts can express hostility, incite violence, and be used by foreign nationals to intimidate Americans.
While acknowledging Supreme Court rulings that protect flag desecration under the First Amendment, the directive notes that these protections do not extend to actions likely to cause “imminent lawless action” or those considered “fighting words.”
Under the new policy, the Attorney General is instructed to prioritize the enforcement of all applicable criminal and civil laws when flag desecration is involved. This includes pursuing charges related to violent crimes, hate crimes, property damage, and violations of civil rights. Federal agencies are also directed to refer cases to state and local authorities when local laws, such as open burning restrictions or disorderly conduct statutes, may have been violated.
A significant provision of the order targets foreign nationals. It directs the Departments of State, Justice, and Homeland Security to deny or revoke visas, residence permits, and other immigration benefits for non-citizens who engage in flag desecration, and to seek their removal from the United States where legally permissible.
The order calls for the Attorney General to vigorously prosecute offenders and consider litigation aimed at clarifying the scope of First Amendment exceptions in this area.
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