Undercurrents The real reason behind Trump's war on flag burning
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Aug 27, 2025 Dive into the controversy over a new executive order on flag burning. The discussion unveils the gap between President Trump's public claims and the actual legal text. Explore the rich historical context of flag desecration laws and landmark Supreme Court rulings. Delve into the evolving conservative views on free speech, revealing surprising contradictions and criticisms. This conversation enriches the classic First Amendment debate, spotlighting the complexities of current political landscapes.
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Order Differs From Trump's Claim
- The executive order does not criminalize flag burning or set a one-year jail term as Trump stated.
- It directs DOJ to prioritize prosecutions for non-expressive crimes committed alongside flag desecration and to pursue immigration consequences where statutory authority exists.
Prioritizing Related Crimes, Not Symbolic Speech
- The order prioritizes enforcement when flag desecration coincides with violent, hate, property or peace-offending crimes.
- It also calls for visa revocation or deportation of illegal immigrants who desecrate the flag when other statutes permit.
Scalia's Personal View Vs. Legal Duty
- Antonin Scalia personally disliked flag burning but upheld First Amendment protections for political speech.
- Scalia argued the First Amendment particularly protects criticism of government, even if offensive.