The White House has issued an executive order directing federal agencies to take action against the desecration of the American flag. The order, signed by President Donald J. Trump on August 25, 2025, emphasizes the flag’s significance as a symbol of national unity and respect.
According to the order, “Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength. Over nearly two-and-a-half centuries, many thousands of American patriots have fought, bled, and died to keep the Stars and Stripes waving proudly. The American Flag is a special symbol in our national life that should unite and represent all Americans of every background and walk of life. 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. 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 executive order notes previous Supreme Court rulings on First Amendment protections but states: “Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).”
President Trump said his administration will seek to enforce existing laws regarding flag desecration: “My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.”
Under Section 2(a) of the order, the Attorney General is directed “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,” including violent crimes or hate crimes connected with such acts.
Section 2(b) instructs federal agencies to refer cases potentially violating state or local laws—such as open burning restrictions or disorderly conduct statutes—to appropriate authorities for further action.
The Attorney General may also pursue litigation aimed at clarifying exceptions within First Amendment protections related to flag desecration.
In addition, Section 2(d) outlines immigration consequences for foreign nationals found engaging in flag-desecration activities under certain circumstances: “The Secretary of State, the Attorney General, and the Secretary of Homeland Security…shall deny, prohibit, terminate or revoke visas…or seek removal from the United States…whenever there has been an appropriate determination that foreign nationals have engaged in American Flag-desecration activity under circumstances that permit exercise of such remedies pursuant to Federal law.”
The executive order includes standard provisions about severability; implementation consistent with existing law; no creation or extension of private rights; agency authority; budgetary functions; appropriations limits; publication costs assigned to Department of Justice; and non-interference with other statutory powers.
