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Donald Trump vs. Antonin Scalia on burning the American flag | CNN Politics

Politics• 5 min read

Donald Trump vs. Antonin Scalia on burning the American flag

Analysis by Zachary B. Wolf, Aug 25, 2025

President Donald Trump sees an epidemic of flag burning and says it needs attention.

“All over the country they’re burning flags,” Trump said Monday in the Oval Office, declaring it an important issue. He signed an executive order directing his Justice Department to investigate incidents of flag burning where laws are broken.

There are a few problems with his claim, the first of which is that it’s not at all clear they’re burning flags all over the country.

There are incidents of flag burning at protests, surely, such as when pro-Palestinian protesters burned an American flag alongside Israeli Prime Minister Benjamin Netanyahu’s address to Congress last year.

That burning drew bipartisan opposition. Then-Vice President Kamala Harris condemned the act and said the flag “should never be desecrated in that way.”

‘Sad’ Supreme Court protected flag burning as speech

But beyond the question of whether flags are indeed being burned all over the country is the fact that the Supreme Court, back in 1989, declared flag burning to be a protected form of speech under the First Amendment.

Trump acknowledged that decision by a “sad” Supreme Court, and his executive order is seemingly written to address the Supreme Court’s flag burning decisions.

The administration will try to prosecute other crimes, like violent crimes, hate crimes and crimes “against property and the peace,” as a way to deter flag burning, according to a White House fact sheet.

Trump spoke to that Supreme Court decision when he said the simple act of burning the flag is an incitement.

Continue/Read Original Article Here: Donald Trump vs. Antonin Scalia on burning the American flag | CNN Politics

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So, the #FlagBurning stuff is BULLSHIT! #MAGA-types desecrate the #AmericanFlag ALL THE TIME! For instance, you're not supposed to wear the flag on your ass or let it fly in tatters! These idiots don't even follow proper flag protocol!!! How many of them "retire" their flags properly? I learned this stuff in scouts! This is just another excuse to arrest people who #protest!!! Like COMBAT VETERANS!!!

#CriminalizingDissent #Crackdown #USPol

Trump's executive order banning political flag burning -- clearly doesn't go far enough. We need to ban those tattered flags on pickups (with the flag left out unilluminated ALL NIGHT!), and all those diminished representations of the flag, tattered, without proper colors (BLUE STRIPES!). Improper use of flags (BEATING police with flag poles!). Mandatory jail for all! Especially for -- uh -- molesting the flag...
#trump #USFlag #flagburning #trumpfails