Advisory Opinions When Flag Burning Becomes a Crime | Interview: Sanford and Cynthia Levinson
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Aug 28, 2025 
Sanford Levinson, a law professor at the University of Texas and visiting Harvard professor, along with his wife Cynthia, delve deep into constitutional complexities. They discuss the implications of President Trump's executive order on flag burning as a free speech issue, referencing Texas v. Johnson. The Levinsons also explore controversial topics like the flaws of the pardon power and the Electoral College's impact on modern democracy, urging a reevaluation of constitutional interpretations in light of current challenges.
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Flag Burning Protected As Speech
- Texas v. Johnson (1989) protects flag burning as political speech even if repellent to many.
- Justice Kennedy emphasized the Constitution protects symbols by protecting disrespectful expression.
Joey Johnson's Flag-Burning Protest
- Sarah recounts Joey Johnson's 1984 protest at the Republican convention where he burned a flag with kerosene.
- The story frames why Johnson's act raised core First Amendment questions leading to the Supreme Court case.
EO Focuses On Non-Speech Violations
- Trump's executive order directs DOJ to prioritize prosecuting non-speech crimes tied to flag desecration.
- In practice it pursues enforcement only where content-neutral laws (like fire bans) can be used.
