An American flag is burned during a march for Jayland Walker, July 6, 2022, in New York. (AP Photo/Frank Franklin II, File)2025-08-25T17:08:39Z WASHINGTON (AP) President Donald Trump on Monday signed an executive order requiring the Justice Department to investigate and prosecute people for burning the American flag, an activity that the U.S. Supreme Court has ruled is legitimate political expression protected by the U.S. Constitution. The order the Republican president signed in the Oval Office acknowledged the courts 5-4 ruling in a case from Texas in 1989, but said there is still room to prosecute flag burning if it is likely to incite imminent lawless action or amounts to fighting words.In that case, the justices ruled 5-4 that the First Amendment protects flag burning as legitimate political expression. The late Justice Antonin Scalia, the conservative icon who Trump has repeatedly praised, was in the majority. Trump said Monday that burning the U.S. flag incites riots at levels weve never seen before, with some people going crazy over burning it and others expressing anger at people for burning it. He did not offer examples. An American flag is burned during a march for Jayland Walker, July 6, 2022, in New York. (AP Photo/Frank Franklin II, File) An American flag is burned during a march for Jayland Walker, July 6, 2022, in New York. (AP Photo/Frank Franklin II, File) Share Share Facebook Copy Link copied Print Email X LinkedIn Bluesky Flipboard Pinterest Reddit Read More The text of the executive order states that desecrating the American flag 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 calls on the attorney general to prioritize enforcement to the fullest extent possible of criminal and civil laws against flag burning that cause harm unrelated to the First Amendment. Trump said the penalty for flag-burning would be one year in jail with no opportunity for early release.The order also states that foreign nationals who burn the flag could face having their visas, residency permits, naturalization proceedings and other immigration benefits revoked. They could also be deported. Trump said the court that ruled that flag burning is constitutionally protected was a very sad court.I guess it was a 5 to 4 decision. They called it freedom of speech, the president said. But theres another reason, which is perhaps much more important. Its called death.Because what happens when you burn a flag is the area goes crazy, Trump said. If you have hundreds of people, they go crazy.___Associated Press writer Mark Sherman in Washington contributed to this report. DARLENE SUPERVILLE Superville covers the White House for The Associated Press, with a special emphasis on first ladies and first families.