Trump orders one-year jail term for flag burning in new executive order

President Donald Trump signed an executive order on Monday, August 25, 2025, directing the U.S. Justice Department to pursue criminal charges against individuals who burn the American flag in protest.

The executive order directs Attorney General Pam Bondi to charge serious offenses related to disturbing the peace or violating environmental laws against the flag burners, who are attempting to circumvent a historic Supreme Court ruling.

In 1989, the Court ruled in Texas v. Johnson that burning flags is considered a form of a political expression protected by the First Amendment.

The ruling invalidated flag desecration laws in 48 states.

While signing the order at the Oval Office on Monday, August 25, 2025, Trump said, “All over the country they’re burning flags. All of over the world they burn the American flag, and as you know, through a very sad court, I guess it was a 5-4 decision, they called it freedom of speech.”

Trump also added, “you burn a flag, you get one year in jail.”

However, the order itself doesn’t include details about a potential jail sentence.