BURNING THE US FLAG. LEGAL OR ILLEGAL?

COMBATING FLAG DESECRATION: Today, President Donald J. Trump signed an Executive Order to restore respect, pride, and sanctity to the American flag and prosecute those who desecrate this symbol of our freedom, identity, and strength to the fullest extent permissible.
The Order directs the Attorney General to vigorously prosecute those who violate our laws in ways that involve desecrating the flag, and to pursue litigation to clarify the scope of First Amendment in this area.
It also instructs the Attorney General to refer flag desecration cases that violate state or local laws to appropriate state or local authorities.
Finally, the order directs the Secretaries of State and Homeland Security and the Attorney General to deny, prohibit, terminate, or revoke visas, residence permits, or naturalization proceedings, and other immigration benefits, or seek removal from the United States, wherever there has been an appropriate determination that flag desecration by foreign nationals permits the exercise of those remedies under applicable law.
RESTORING RESPECT FOR THE FLAG: The American flag is the most sacred and cherished symbol of the United States of America, and desecrating it is uniquely and inherently offensive and provocative. It is a statement of contempt and hostility toward our Nation, and an act used by groups of foreign nationals calculated to intimidate and threaten violence against Americans.
Recent protests, including those in Los Angeles in June 2025, have featured flag burning alongside violent acts and other conduct threatening public safety.
Such conduct disrespects the sacrifices of Americans who bled for our country, and undermines the flag as a symbol that unites and represents all Americans of every background and walk of life.
The Supreme Court has never held that flag desecration conducted in a manner that is likely to incite imminent lawless action or serve as a form of “fighting words” is constitutionally protected.
UPHOLDING AMERICAN PRIDE: President Trump has championed policies to restore pride in the American flag and the Nation’s history, reinforcing the values that unite the country.
President Trump banned flying any other flags beside the Stars and Stripes at State Department facilities around the world.
He signed an Executive Order to protect America’s monuments from vandalism and revive the National Garden of American Heroes.
He launched initiatives like the Great American State Fair and America 250 Commission to instill pride in America’s history and accomplishments, fostering a renewed sense of patriotism.
He issued an Executive Order to ensure that Smithsonian Institution museums accurately celebrate American exceptionalism, remove divisive or partisan narratives, and restore confidence in our institutions for the millions of Americans who visit each year and recently directed an audit to ensure that its exhibits align with this pro-America vision.
President Trump has long condemned the act of burning the American flag, calling it “disgraceful.”

Courts have said the government may regulate the “time, place, and manner” of expression, but not the content.