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Trump says American flag burners will be ‘immediately arrested’ under executive order
By Jasmine Baehr
Published October 03, 2025
President Donald Trump said Friday that anyone who burns the American flag "will be immediately arrested" and face a one-year prison term, citing his Aug. 25 executive order on flag desecration.
"To ICE, Border Patrol, Law Enforcement, and all U.S. 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 posted on Truth Social Friday evening.
"You will be immediately arrested. Thank you for your attention to this matter!"
VETERAN BURNS AMERICAN FLAG IN FRONT OF WHITE HOUSE ON DAY OF CONTROVERSIAL TRUMP EXECUTIVE ORDER
Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol on Jan. 20, 2021, in Denver, Colorado. (Michael Ciaglo/Getty Images)
The executive order itself stopped short of creating new penalties, directing the Justice Department to prioritize cases under existing laws "to the maximum extent permitted by the Constitution."
Supreme Court rulings in Texas v. Johnson (1989) and United States v. Eichman (1990) held that flag burning is protected speech. Trump’s statement goes further, setting up potential legal battles if arrests are pursued.
JONATHAN TURLEY: TRUMP'S BOLD FLAG-BURNING CRACKDOWN SETS UP BIG FIGHT DOWN THE ROAD
Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol on Jan. 20, 2021, in Denver, Colorado. (Michael Ciaglo/Getty Images)
Trump has long pushed to punish flag desecration, and the latest post sharpens his law-and-order message as the government shutdown continues.
"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," White House spokeswoman Abigail Jackson told Fox News Digital. "President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos."
Agitators burn an American flag during a DNC protest in Chicago, Illinois, on Thursday, Aug. 22, 2024. (Fox News Digital)
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The Department of Justice did not immediately respond to Fox News Digital's request for comment.
https://www.foxnews.com/politics/trump-says-american-flag-burners-immediately-arrested-under-executive-order