“Flag burning. All over the country they’re burning flags. All over the world they burn the American flag,” Trump said at his press conference, where he signed another executive order revoking cashless bail in Washington, D.C. “What happens when you burn a flag is, the area goes crazy. If you have hundreds of people they go crazy…. When you burn the American flag it incites riots at levels that we’ve never seen before.”
The president claimed the Department of Justice would “investigate instances of flag burning” in situations where “prosecution wouldn’t fall afoul to the First Amendment.” But the order does exactly that. In 1989, the Supreme Court ruled 5-4 that flag burning is a protected right under the Constitution.
It’s extremely unclear how exactly the administration can throw American citizens in jail for burning a piece of fabric without “running afoul” of the Constitution. This is a move that would be relentlessly vilified if someone like Russian President Vladimir Putin or North Korean leader Kim Jong Un did it. Instead, Trump is using this despotic tactic to crack down on protesters and further push his dark MAGA agenda.
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