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President Donald Trump’s new executive order targeting flag burning drew rare criticism from conservatives on Monday.
The executive order, announced on Monday, directs the attorney general to prosecute violations of laws involving flag desecration and to pursue litigation that would clarify the scope of the First Amendment as it relates to flag desecration. The order additionally directs Attorney General Pam Bondi to refer flag desecration cases that violate state and local laws to appropriate local authorities.
The order followed months of protesters burning American flags at various anti-Israel and anti-ICE demonstrations.
Trump faced unusual pushback from the right on social media after signing the order, as conservatives largely defended flag-burning as a First Amendment right.
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“Banning flag burning is absurd. It’s anti–free speech and peak snowflake behavior. I would never burn the American flag because of what it symbolizes to me. But the act of banning the burning of it runs more contrary to American values than the burning itself ever could,” evolutionary biologist Colin Wright wrote.
Radio host Jesse Kelly said, “I would never in a million years harm the American flag. But a president telling me I can’t has me as close as I’ll ever be to lighting one on fire. I am a free American citizen. And if I ever feel like torching one, I will. This is garbage.”
“Flag burning is vile but the government has no right to control speech or expression,” radio host Dana Loesch wrote.
Conservative commentator Erick Erickson wrote, “This is actually not brilliant. While I agree with the sentiment, it is unfortunately well settled constitutional law that burning the flag is a matter of free speech and the executive does not get to create crimes.”
“I know nothing matters and you aren’t allowed to criticize your own side, but I’d like to return to a time when presidents didn’t sign unconstitutional executive orders for show,” RedState writer Bonchie wrote.
Washington Examiner contributor Kimberly Ross commented, “I don’t think the federal government should take equity stakes in companies. And First Amendment protections apply to the burning of the American flag, as much as I abhor that action. Follow me for consistent takes (a rarity on here) in direct opposition to tribalism.”
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However, some conservatives defended the executive order, saying that the order’s text refers only to specific situations involving flag burning.
“POTUS explained this is not a blanket ban. This is a commitment to investigate flag burning incidents that occur in a ‘terroristic’ context. If it is determined the flags were burned in provocation of violence, then criminal sentencing kicks in. It’s not a total ban,” podcast host Kira Davis wrote.
“President Trump’s executive order on flag-burning is replete with qualifiers that strip it of any discernible meaning. ‘To the fullest extent possible’ sounds aggressive, but it actually means ‘within the bounds permitted by law,’” Ed Whelan, Ethics and Public Policy Center’s Antonin Scalia Chair in Constitutional Studies wrote.
“Ok let’s clear this up. I was opposed to Trump’s Executive Order at first, but then I read the full text…It does NOT criminalize burning the American flag. And it does NOT infringe on our freedom of speech. It criminalizes flag burning *only* when it’s intended to incite violence or when it’s accompanied by other lawless action,” writer Kristen Mag argued.
Manhattan Institute senior fellow Chris Rufo wrote, “I’m sorry, but as long as this is the status quo, I’m not going to work myself into a state of hysteria about Trump’s executive order on burning the American flag.”
In a statement to Fox News Digital, White House spokesperson Taylor Rogers said, “President Trump will not allow the American Flag – a special symbol of our country’s greatness – to be used as a tool to incite violence and riots that jeopardize the safety of everyday Americans. President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos.”
The Supreme Court ruled in the 1989 case Texas v. Johnson that burning the American flag is a form of symbolic speech that is protected by the First Amendment. Trump’s executive order, which directs the attorney general to “pursue litigation to clarify the scope of the First Amendment exceptions” in the realm of flag burning, signals there will likely be upcoming litigation challenging the 1989 ruling.
The executive order includes the argument that Supreme Court has “never held that American flag desecration conducted in a manner that is likely to incite imminent lawless action or that an action amounting to ‘fighting words’ is constitutionally protected.”
Trump’s order also calls for prioritizing enforcing the law on flag burning in situations “unrelated to expression,” which include “violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.”
Fox News’ Emma Colton contributed to this report.
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