US Protestor Arrested for Burning American Flag in Defiance of Trump’s Executive Order
A protestor was taken into custody near the White House on Monday after setting fire to an American flag in opposition to President Donald Trump’s executive order aimed at cracking down on flag desecration.
The incident occurred hours after Trump signed the order, which directs the Justice Department to pursue legal action against individuals who burn the US flag.
The executive order to crack down on flag desecration has sparked controversy, with many questioning its legality and merit.
The order, signed on August 25, 2025, instructs the Justice Department to prioritize enforcement of laws related to flag burning, potentially resulting in a one-year jail sentence for those convicted.
The order also allows authorities to deny visas or citizenship to non-citizens found guilty of flag desecration.
The move is at odds with a landmark 1989 Supreme Court ruling in Texas v. Johnson, which held that burning the US flag is a form of symbolic speech protected by the First Amendment. Trump argued that there could be instances where flag burning falls into First Amendment exemptions, such as when it incites imminent lawless action.
The arrested individual, claiming to be a 20-year combat veteran, shouted into a bullhorn, “I’m burning this flag as a protest to that illegal fascist president that sits in that house.”
He emphasized that he had fought for the right to free expression, stating, “It’s our First Amendment right to burn this flag regardless of what the president says.”
The US Park Police confirmed the arrest, citing regulations that prohibit setting unpermitted fires in public parks like Lafayette Park, where the incident occurred.
The protestor’s actions were swiftly extinguished by Secret Service agents using a fire extinguisher.
The current Supreme Court, with a 6-3 conservative majority, may potentially reconsider the 1989 precedent.
However, civil liberties advocates and constitutional scholars have questioned the legality and merit of Trump’s action, highlighting the importance of protecting free speech under the Constitution.
