President Donald J. Trump Issues Executive Order on American Flag Protection

WASHINGTON, D.C. - The President signed an executive order directing federal agencies to prioritize enforcement of laws against desecration of the American flag. The order cites the flag as "the most sacred and cherished symbol of the United States" and outlines specific measures to address its desecration.

The executive order states that the American flag represents freedom, identity, and strength. It notes that thousands of American patriots have died protecting what the Stars and Stripes represent.

The document describes flag desecration as "uniquely offensive and provocative" and claims it may incite violence.

The order references the Supreme Court case Texas v. Johnson from 1989. It argues that the Court has not ruled on flag desecration that incites imminent lawless action or constitutes "fighting words." 

The Attorney General will prioritize enforcement of criminal and civil laws against flag desecration acts. This includes violent crimes, hate crimes, discrimination against American citizens, and property crimes.

The order specifies that enforcement will focus on violations of content-neutral laws that cause harm unrelated to expression.

Federal agencies must refer potential state or local law violations to appropriate authorities. These may include open burning restrictions, disorderly conduct laws, or property destruction laws.

The Attorney General may pursue litigation to clarify First Amendment exceptions in this area. The order directs vigorous prosecution of those who violate laws involving flag desecration.

The order directs the Secretary of State, Attorney General, and Secretary of Homeland Security to take immigration actions against foreign nationals who engage in flag desecration. These actions may include denying visas, revoking residence permits, terminating naturalization proceedings, or seeking removal from the United States.

The agencies will act under existing federal immigration laws when foreign nationals engage in flag desecration activities.

The order includes standard provisions regarding severability and general implementation. It states that nothing in the order impairs existing agency authority or budget functions. Implementation must comply with applicable law and depends on available appropriations.

The order does not create enforceable rights or benefits for any party. The Department of Justice will bear the costs for publishing the order.