The Ben Shapiro Show Ep. 2267 - Trump Protects The American Flag!…PLUS We Break a MAJOR Story
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Aug 26, 2025 President Trump ignites a debate by proposing jail time for flag burning, raising questions about free speech rights. The discussion delves into American identity and the symbolism of the flag, exploring its legal history. Additionally, a major story unfolds regarding the American Medical Association's support for gender-affirming care, including revealing internal footage. The podcast also critiques the implications of political motivations in dismissing government officials, particularly within the Federal Reserve.
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EO Targets Incitement, Not All Flag Burning
- Trump's flag-desecration executive order targets incidents likely to incite imminent lawless action rather than blanketly criminalizing all flag burning.
- The EO tries to sidestep Texas v. Johnson by linking desecration to unprotected categories like incitement, fighting words, and property crimes.
Legal Narrowing To Avoid First Amendment Clash
- Ben Shapiro emphasizes the Supreme Court's Texas v. Johnson protects symbolic flag burning absent incitement.
- He argues the EO's legal theory focuses on conduct that causes harm unrelated to expression to avoid First Amendment protection.
Flag Seen As Unique Symbol Worth Protecting
- Shapiro calls Texas v. Johnson a mistaken decision and supports a constitutional amendment criminalizing flag burning.
- He frames the flag as a unique national symbol deserving special legal protection beyond ordinary speech.
