Trump’s Executive Order on Flag Burning: A Constitutional Dumpster Fire

Donald Trump is at it again—signing an executive order on flag burning as if the Supreme Court doesn’t exist and the First Amendment is just a suggestion. Today, Trump announced his big plan to punish protesters who burn the American flag, ignoring decades of constitutional law that says flag burning is protected free speech.

That’s right: in Texas v. Johnson (1989) and United States v. Eichman (1990), the Supreme Court ruled that burning the flag is a form of political expression covered by the First Amendment’s free speech clause. But Trump—never one to let facts, precedent, or the Constitution get in his way—thinks he can wave his Sharpie, sign an executive order, and suddenly make the Bill of Rights disappear.

Civics 101 (Which Trump Clearly Skipped)

Here’s the refresher:

• Flag burning = legal protest. The Court said so twice.
• First Amendment = not optional. Even if it hurts Trump’s feelings.
• Executive orders ≠ magic wands. Trump treats them like royal decrees, but America doesn’t run on “Because I Said So” law.

This new order tells the Justice Department to find loopholes—charging protesters with public nuisance, disorderly conduct, or environmental violations. That’s like banning apple pie by calling it a biohazard. It’s not patriotism, it’s authoritarian cosplay.

And while Trump cries about “free speech” when it comes to spreading lies, remember this is the same movement that backed Fox News’ election fraud hoaxes—which cost them nearly a billion dollars in court. Their “free speech” only counts when it’s their speech.

Jail Time for Matches? Seriously?

Trump has openly called for jail sentences and even loss of citizenship for flag burners. Let that sink in: the man who encouraged an actual coup wants people imprisoned for torching a piece of cloth. Senator Josh Hawley even tried to add a year of prison time to crimes involving flag burning—because nothing screams “limited government” like throwing people in jail for unpopular speech.

It’s part of a pattern: the same Trump who tried to sell us a $249 presidential perfume and tanked the economy with tariffs that caused inflation now wants to criminalize symbolic protest.

Mitch McConnell: The Surprising Voice of Reason

Remember 2006? Even Mitch McConnell, the Senate’s turtle-in-chief, voted against a constitutional amendment to ban flag desecration. That’s right—Trump is actually less constitutional than Mitch McConnell. Quite an accomplishment.

Why This Matters

This isn’t about the flag—it’s about control. Trump’s executive order on flag burning is a dangerous, unconstitutional stunt designed to fire up his MAGA base. Performative patriotism is the point: wave the flag, scream about “respecting veterans,” then elect a guy who mocked POWs, dodged the draft, and tried to defund veterans’ healthcare.

Trump’s obsession with punishing dissent isn’t new—it’s the same authoritarian impulse behind his push for Christian nationalism and Project 2025, where freedom is replaced with control and loyalty tests.

At the end of the day, this order is destined to land in the same place as most of Trump’s big ideas: struck down in court and mocked in history books. But until then, let’s call it what it is: an assault on free speech and yet another example of Trump’s authoritarian streak.

👉 Share this post before Trump tries to executive-order the internet out of existence. The Constitution won’t defend itself—but we can.