U.S. President Donald Trump signed a new executive order directing the Department of Justice to investigate and prosecute cases of American flag burning, considering the step necessary to protect public order and respect national symbols. According to the order, anyone convicted of burning the American flag faces a mandatory one-year prison sentence without the possibility of early release. Trump stated during the signing in the Oval Office, “If you burn a flag, you will be imprisoned for one year, and early release will not be allowed,” emphasizing that flag burning incites riots and that the penalty will deter future attempts. He described desecrating the flag as highly offensive and provocative, expressing contempt, hostility, and violence against Americans. The order functions similarly to a previous law signed by Trump imposing a 10-year prison sentence for attacking memorials.
The American flag is a special symbol in the national life of Americans, meant to unite and represent all Americans from diverse backgrounds. Trump also accused some participants in flag burning of being paid agitators from the radical left. The order requires the Attorney General to strictly prosecute those violating flag desecration laws, seek cases to clarify the scope of the First Amendment related to this issue, refer flag desecration cases to state or local authorities, and mandates the administration to ban and revoke visas, residency permits, and naturalization procedures for those who desecrate the flag. Trump’s advisors stated that the executive order does not conflict with the First Amendment, which guarantees freedom of expression, without providing further clarifications.
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