President Donald Trump he signed an executive order on August 25 aimed at cracking down on flag burning when it crosses the line into violence or lawlessness.
Despite some media spin, the order isn’t a blanket ban. It directs the Justice Department to prosecute flag burning when it’s tied to riots, threats, or other crimes.
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… pic.twitter.com/P9WOSLszBv
— Kristen Mag (@kristenmag) August 25, 2025
Trump summed it up simply: “You burn a flag, you get one year in jail.”
That statement got headlines, but the actual order is more focused. It treats flag burning as an aggravating factor if it happens during an illegal act, like vandalism, assault, or inciting a mob.
That’s important because of the Supreme Court’s rulings. In 1989, in Texas v. Johnson, the Court said flag burning is protected free speech unless it directly incites “imminent lawless action.” A year later, in United States v. Eichman, the Court struck down Congress’s Flag Protection Act.
In other words, you can’t jail someone just for burning a flag – but if it’s part of a riot, that’s a different story.
From Vegas to Reno: Protests Show What’s at Stake
Here in Nevada, we’ve seen our share of political protests that turned ugly. Trump’s order means prosecutors would have one more tool to go after people who cross the line from protest into destruction.
It also matters because Nevada is a state that values both free speech and patriotism.
Veterans groups here, like the Nevada Veterans Coalition in Fernley, have long called for stronger protections for the flag. At the same time, our state’s strong libertarian streak means people want government to tread lightly on free expression.
Trump’s order tries to strike that balance.
A Long Debate
Back in 2006, Congress came within one vote of passing a constitutional amendment to ban flag burning altogether. It failed by a hair in the Senate.
That close call shows just how divided the country has always been over this issue.
Polls show the public is still split. A 2020 YouGov survey found nearly half of Americans wanted flag burning banned.
That number is likely even higher now, given today’s political climate. For conservatives, Trump’s move is seen as common sense.
What Opponents Say – and What They Leave Out
Civil liberties groups like the ACLU claim the order tramples on the First Amendment. Rep. Thomas Massie, a Republican from Kentucky, even called it government overreach. Others on the left argue this is just Trump stirring the pot ahead of the 2026 midterms.
The Court Fights Are Coming
Will the order survive court challenges? That’s the big question.
The Supreme Court has a conservative majority, and it could revisit the issue if cases come forward. For now, the order gives law enforcement a clear directive: if you burn the flag while trying to stir up violence, expect to face charges.
This is about respect. We teach our kids to stand for the flag in school. We pause during UNLV games or at the Reno Rodeo to honor it. Veterans are laid to rest with it draped across their caskets. That’s why the sight of someone torching Old Glory in the streets feels so wrong.
Trump’s order may not end the debate, but it reminds us that the flag still matters. It’s a symbol of sacrifice, freedom, and unity. That’s always worth protecting.
The opinions expressed by contributors are their own and do not necessarily represent the views of Nevada News & Views. This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
