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U.S.

Trump Declares War on Flag Burners, Accidentally Torches First Amendment Instead

Trump has declared war on flag burners, but the First Amendment may burn him back. Legal experts say this could trigger the biggest free speech showdown in decades, while everyday Americans wonder if sparklers at their 4th of July parties now make them felons.

Last updated: Mon, August 25, 2025 9:54 AM CT
By The Folly Times
3 Min Read
Protesters burn an American flag during a demonstration as Donald Trump reacts in inset photo
Trump says jail time for flag burning is patriotic justice, but critics warn he’s setting the Constitution on fire instead.

NEED TO KNOW

  • Trump orders DOJ to prosecute flag burners despite Supreme Court saying it’s legal since 1989
  • Marco Rubio tasked with handling visas of foreign nationals who dare light up Old Glory
  • Legal experts warn the “free speech fight” could be the biggest First Amendment showdown in decades

Trump’s Newest Fight: The Flag

President Donald Trump signed an order Monday directing prosecutors to go after anyone who burns or desecrates the American flag. The move directly challenges a 1989 Supreme Court ruling that protected the act as free speech.

Trump called the flag “the most sacred symbol of America” and argued that burning it is “uniquely offensive.” Legal scholars, however, say this is less about patriotism and more about Trump’s hobby of picking fights with the Constitution.

Marco Rubio Gets a New Job

The order also gives Secretary of State Marco Rubio the task of revoking visas and immigration benefits for foreign nationals caught burning flags. Rubio seemed confused when asked to comment. At one point, he admitted he thought “flag desecration” meant folding it the wrong way at Boy Scout camp.

Meanwhile, BBQ enthusiasts worry their cookouts could be classified as crimes. One man nervously asked, “If a spark hits my flag napkin, am I looking at five to ten years?”

The First Amendment on Trial

In fact, legal experts say this order is almost guaranteed to spark a Supreme Court fight. Justice William Brennan once wrote that the First Amendment protects symbolic actions, no matter how offensive. That includes setting a flag on fire.

Still, Trump insists the law is on his side. “You should get a one-year jail sentence if you do anything to desecrate the flag,” he said. After all, for Trump, free speech only counts if it involves cheering for him.

The flag protects your right to protest, even if that protest is lighting it on fire next to a Porta Potty at a Kid Rock concert

Carl Greevey, Americans for Accidental Freedom
TAGGED:Donald TrumpFirst AmendmentFlag BurningSupreme Court

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