On August 25, US President Donald Trump signed an executive order targeting those who burn or desecrate the American flag.
The order directs the country’s Attorney General to impose penalties of up to a year in jail, despite the Supreme Court’s ruling that flag burning is protected under the First Amendment, as reported by Reuters.
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“The maximum extent permitted”
In a statement, the order instructs the Attorney General to “vigorously prosecute” anyone who violates flag desecration laws and to push legal action challenging the First Amendment’s scope on the matter.
“My administration will work to restore respect for the American flag and prosecute anyone who incites violence or breaks the law while desecrating this national symbol,” the statement read.
While noting the 1989 Supreme Court ruling that protects flag burning as free speech, the order argued it can still be restricted if it sparks violence or amounts to “fighting words.”
“Even with the Supreme Court’s rulings on First Amendment rights, the Court has never said that burning or desecrating the American flag in a way that could spark violence or amounts to ‘fighting words’ is protected by the Constitution.”
“American Flag burning is also used by foreign nationals”
The order also claims that some foreign nationals are using flag burning as a deliberate act to intimidate and threaten Americans because of their nationality and place of birth.
It also directs the Secretary of State, the Attorney General, and the Secretary of Homeland Security to use their powers to deny, revoke, or terminate visas, residency, naturalisation, or other immigration benefits, and even pursue deportation if necessary.
“Our great American Flag is the most sacred and cherished symbol of the United States, a symbol of our freedom, identity, and strength. It is a powerful symbol meant to unite people of all backgrounds. Burning it is deeply offensive and deliberately provocative.”
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