Burning the Flag or Torching the Constitution: Only One Destroys Freedom

“There is more than one way to burn a book. And the world is full of people running about with lit matches.”Ray Bradbury

Cancel culture—political correctness amped up on steroids, the self-righteousness of a narcissistic age, and a mass-marketed pseudo-morality that is little more than fascism disguised as tolerance—has shifted us into an Age of Intolerance.

Nothing illustrates this more clearly than President Trump’s latest executive order calling for criminal charges for anyone who burns the American flag—a symbolic act long upheld by the Supreme Court as protected political expression.

This push is not about patriotism—it is political theater.

For an administration under fire—from the Epstein cover-up to tanking approval ratings and mounting constitutional crises—flag burning serves as symbolic outrage staged as political cover, a culture-war diversion to distract from more serious abuses of power.

Consider the timing: on the very same day Trump announced penalties for flag burning, he also signed an executive order establishing “specialized” National Guard units to patrol American cities under the guise of addressing crime.

This is the real bait-and-switch: cloak military policing in patriotic theater and hope no one notices the deeper constitutional violations taking root.

In other words, Trump’s flag fight is a decoy.

Yet in today’s climate, where mobs on the left and censors on the right compete to silence speech they dislike, even this form of protest is under fire.

In 1989, the U.S. Supreme Court ruled 5-4 in Texas v. Johnson that burning the flag of the United States in protest is an act of protected free speech under the First Amendment.

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DOJ Charges Man Who Burned American Flag in Protest of Executive Order

A man who burned the American flag outside the White House earlier this week is facing charges from federal prosecutors in accordance with President Donald Trump’s recent executive order.

That order, signed on Aug. 25, specifically directed the attorney general to prosecute those caught burning the American flag or desecrating it in other ways.

“You will see flag burning stopping immediately,” Trump said. “The people in our country don’t want to see our flag burned and spit on.”

North Carolina resident Jan Carey, 54, is the first to face that prosecution after he decided to burn the American flag as a form of protest to the executive order. In an interview with local media, he explained he “immediately thought I need to go burn a flag in front of the White House and let’s put this to the test.” He also said he was a military veteran.

Carey faces two misdemeanor criminal counts in Washington, D.C., in federal court. However, neither charge focuses on the fact that he burned the flag.

The first count was for lighting a “fire in an undesignated area,” and the second was for “lighting a fire in a manner that causes damage to real property or park resources.”

“On or about August 25, 2025, within the District of Columbia, Jan Careylit, tended, and used a fire in a manner that threatened, caused damage to, and resulted in the burning of property, real property, and park resources, and created a public safety hazard,” U.S. Attorney Jeanine Pirro wrote in her complaint.A Supreme Court ruling in 1989, Texas v. Johnson, declared the act of flag desecration was protected as symbolic speech under the First Amendment, and Trump directed the attorney general to pursue charges in line with the First Amendment.

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Unhinged Tim Walz Goes Berserk on Stage — Urges Democrats to Burn Flags with Trump’s Photo and Calls Trump a “Manchild” with “Fat Ankles”

Minnesota Governor Tim Walz completely lost it during a speech at the Democratic National Convention (DNC) summer meeting in Minneapolis on Monday, lashing out at President Trump, mocking his supporters, and even encouraging Democrats to burn flags emblazoned with Trump’s image.

During his remarks, Walz sneered at Trump voters, mocking them as “stupid frickin’ red hat” people, before taking things to a disturbing new level: he encouraged Democrats nationwide to start burning flags with Trump’s picture on them.

Walz: Think of how easy it would be to be a damn Republican.

“Oh, what should I wear today? This stupid freaking red hat.”

“What should I say today? I don’t know. Just make sure it’s cruel.”

“Who do we listen to? That guy.”

“Oh, the felon in the White House? Yeah, listen to him, and that will be fine.”

Now he’s talking about burning flags. He’s going to have flag burning or whatever, because he knows there’s a hell of a lot of flags with his picture on them that are going to get burned.

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President Trump Signs Executive Order to Prosecute People Who Burn American Flags – “It Incites Riots… You Burn a Flag, You Get One Year in Jail”

President Trump on Monday signed the “Prosecuting Burning of the American Flag” Executive Order into law, prioritizing the prosecution of crimes that involve the burning of the American flag and potentially opening challenges to the interpretation of the First Amendment protections for flag burning. 

It does not appear to make burning the American flag a crime, but crimes that involve burning a flag will be prioritized.

“Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength,” the order reads.

“Desecrating it is uniquely offensive and provocative. 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. Burning this representation of America may incite violence and riot.”

The order also describes the act as “a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth,” used by foreign nationals, and it directs the Attorney General and the Secretary of Homeland Security to “deny, prohibit, terminate, or revoke visas, residence permits, naturalization proceedings, and other immigration benefits, or seek removal from the United States, pursuant to Federal law, including 8 U.S.C. 1182(a), 8 U.S.C. 1424, 8 U.S.C. 1427, 8 U.S.C. 1451(c), and 8 U.S.C. 1227(a).”

It further argues that flag burning, “conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words,’” is not constitutionally protected under the First Amendment.

The order directs the Department of Justice and the Attorney General to “prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment,” including “violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws.”

The Attorney General is also permitted to “pursue litigation to clarify the scope of the First Amendment exceptions in this area.”

White House Staff Secretary Will Scharff told the President, the order “charges your department of justice with investigating instances of flag burning, and then where there’s evidence of criminal activity, where prosecution wouldn’t fall foul of the First Amendment, it instructs the Department of Justice to prosecute those who are engaged in these instances of flag burning.”

While signing the order into law, President Trump reasoned that the action causes people to go “crazy” and that “what it does is incite to riot.”

“And what the penalty is going to be if you burn a flag, you get one year in jail. No early exits, no nothing,” he said. “you will see flag burning stopping immediately, just like when I signed the Statue and Monument Act— 10 years in jail if you hurt any of our beautiful monuments. Everybody left town. They were gone. Never had a problem after that, it’s pretty amazing.”

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Trump Calls for Jailing Flag Burners

In reaction to Israeli Prime Minister Benjamin Netanyahu’s speech before Congress on Wednesday, raucous anti-Israel protests erupted across Washington, D.C. Protesters vandalized statues outside D.C.’s Union Station with phrases like “Hamas is comin” and “long live the resistance.” At one point, protesters replaced the American flag with a Palestinian flag and then burned the American flag.

In response to the flag burning, former President Donald Trump told Fox and Friends on Wednesday that he believed those who burn or damage the American flag should face jail time. Trump also brushed off those who would point out that flag desecration is First Amendment-protected speech.

“You should get a one-year jail sentence if you do anything to desecrate the American flag,” said Trump. “Now, people will say, ‘Oh, it’s unconstitutional.’ Those are stupid people. Those are stupid people that say that.”

“We have to work in Congress to get a one-year jail sentence,” Trump continued. “When they’re allowed to stomp on the flag and put lighter fluid on the flag and set it afire, when you’re allowed to do that—you get a one-year jail sentence, and you’ll never see it again.”

This isn’t the first time Trump has called for imprisoning flag burners. 

“We ought to come up with legislation that if you burn the American flag you go to jail for one year,” Trump said during a 2020 rally in Tulsa, Oklahoma. “We oughta do it. We talk about freedom of speech…but that’s desecration,” he added.

However, Trump is simply wrong. In 1989, the Supreme Court ruled in Texas v. Johnson that flag burning is protected speech. While you can still face property destruction-related charges for burning someone else’s flag (as occurred Wednesday), burning a flag you own is protected political expression.

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