Trump says American flag burners will be ‘immediately arrested’ under executive order

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President Donald Trump said Friday that anyone who burns the American flag "will be immediately arrested" and face a one-year prison term, citing his Aug. 25 executive order on flag desecration.

Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol on Jan. 20, 2021, in Denver, Colorado. (Michael Ciaglo/Getty Images)

The executive order itself stopped short of creating new penalties, directing the Justice Department to prioritize cases under existing laws "to the maximum extent permitted by the Constitution."

Supreme Court rulings in Texas v. Johnson (1989) and United States v. Eichman (1990) held that flag burning is protected speech. Trump’s statement goes further, setting up potential legal battles if arrests are pursued.

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Antifa, communists burning American flag

Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol on Jan. 20, 2021, in Denver, Colorado. (Michael Ciaglo/Getty Images)

Trump has long pushed to punish flag desecration, and the latest post sharpens his law-and-order message as the government shutdown continues.

"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," White House spokeswoman Abigail Jackson told Fox News Digital. "President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos."