Donald Trump’s recent executive order has sparked controversy, with some arguing it represents an ‘attack on free speech’.
Since beginning his second term in January, Trump has issued numerous executive orders and policy changes that have caused significant debate across the country.
Among his most debated actions are stringent immigration policies, the termination of birthright citizenship, withdrawal from the Paris Climate Agreement, and restrictions affecting transgender individuals in various sectors, including healthcare and the military.
The 79-year-old president continues to push forward with controversial measures, as demonstrated by another executive order he signed on August 25, which critics argue could infringe upon the First Amendment.
The order asserts that the American flag is ‘the most sacred and cherished symbol’ of the nation, representing ‘American freedom, identity, and strength’.
The administration has deemed any acts against the flag, such as burning it, as a ‘provocative’ offense that could lead to criminal prosecution and a potential sentence of up to a year in prison.
“It is a statement of contempt, hostility, and violence against our Nation — the clearest possible expression of opposition to the political union that preserves our rights, liberty, and security,” the order states, suggesting that burning the flag could ‘incite violence and riot’.
“American Flag burning is also used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth,” the order further explains.
The directive concludes that anyone found desecrating the flag will face prosecution, akin to those who commit violent crimes, hate crimes, or property crimes, despite the Supreme Court’s prior rulings that such actions are protected under the First Amendment as a form of free speech.
The executive order also aims to deny or revoke visas and deport non-US citizens found guilty of flag burning.
During the signing, Trump commented: “They’re burning flags all over the world. They burn the American flag and, as you know, through a very sad court, I guess it was a five to four decision, they called it freedom of speech.”
Trump further remarked that the act is “called death,” indicating that people “go crazy” when the flag is burned, and those guilty will face a penalty of 12 months in jail – with ‘no early exits, no nothing’.
Numerous users on Reddit have criticized the order, suggesting it encroaches on ‘our right to free speech’.
“We’re f****d,” lamented one user.
Another pointed out that Trump lacks ‘the power to enact a mandatory sentence’, highlighting: “This is, of course, before considering the fact that flag burning is a constitutionally protected right.”
Others noted that burning the flag is traditionally seen as the ‘respectful way to dispose of an unserviceable flag’.
“He can’t unilaterally make something illegal in the first place, much less set a minimum sentence. This is pure theater,” commented another individual.
One person questioned: “I wonder why the MUH FREE SPEECH people are so quiet about this,” while another added: “Liar liar constitution is on fire.”
The president has long advocated for jail terms or the revocation of citizenship for those who burn the American flag, a stance that has intensified amid immigration protests in Los Angeles.
Nonetheless, many anticipate his order will be contested in court. According to USA Today, the Foundation for Individual Rights and Expression (FIRE) stated that Trump lacks ‘the power to revise the First Amendment with the stroke of a pen.’
“You don’t have to like flag burning,” noted FIRE Chief Counsel Bob Corn-Revere. “You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say.”