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Florida Government & Politics

Any Floridan Who Burns the American Flag Could Be Arrested

In August, President Trump signed an executive order (EO) going after people who burn the American flag.

Now, he plans to follow through on his EO. On his Truth Social post, the President said, “To ICE, Border Patrol, Law Enforcement, and all U.S. Military: As per my August 25, 2025, Executive Order, please be advised that, from this point forward, anybody burning the American Flag will be subject to one year in prison.”

Legal analysts point out that the President’s EO doesn’t create any new laws. Still, it will face legal scrutiny and several challenges, as the Supreme Court ruled in 1989 and 1990 in the cases of Texas v. Johnson and United States v. Eichman that burning the U.S. flag is considered free speech and protected by the U.S. Constitution.

The following day, comments on social media lit up.

“You can thank the 1990 Supreme Court for allowing it. US Veterans don’t like it, and if you do it in front of us, we will let you know,’ said former member of the U.S Navy, Don Brittain.

Another post read,” Agree it won’t hold up, as a guy with 22 years in the military, I hate seeing a flag being burned, but #1A is clear on this. Personally, if I saw it I’d just do my #1A thing and grab the flag to protect it.”

“We have to be consistent on our free speech stances. We always say our brave soldiers died to defend that right, even if we find that speech repugnant. We can’t pick and choose as hard as that is to practice,” said another social post.

When the White House was asked about the President’s post, they responded. “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,” said  White House spokeswoman Abigail Jackson. “President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos.”

 

   

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