By Devin Dwyer | ABC News
President Trump on Monday signed an executive order directing the Justice Department to “prioritize” prosecution of Americans who engage in “acts of American flag desecration,” activity which the U.S. Supreme Court has previously ruled is protected by the First Amendment.
To get around the constitutional roadblock, which the order acknowledges, Trump instead directs government attorneys to aggressively charge flag burners with other crimes, such as destruction of property, disorderly conduct, aiding and abetting, and local open burning restrictions.
Declaring the flag “the most sacred and cherished symbol of the United States of America,” the presidential order calls destruction of the flag in public – by burning or other means – “uniquely offensive and provocative” and “may incite violence and riot.”
“The Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to fighting words’ is constitutionally protected,” the order reads.
Neither the president nor the text of the order identified any examples of recent flag burning that have incited violence or evidence that the controversial act poses a serious risk. There is no nationwide data on frequency of U.S. flag burnings, but the cases are considered rare.
