Trump to sign order seeking charges in certain flag burning cases

President Donald Trump is preparing to sign an executive order that would direct the Justice Department to pursue charges in certain cases involving the burning of the American flag, according to NewsNation.

Two administration officials told NewsNation the order, expected Thursday, will instruct Attorney General Pam Bondi to review incidents where flags were burned and determine if charges can be brought under existing laws.

Possible charges could involve public nuisance, disorderly conduct, or environmental violations. One official told NewsNation the order would not criminalize flag burning itself but would direct prosecutors to examine the circumstances surrounding an incident to determine whether charges are appropriate.

The Supreme Court has ruled that burning the American flag is a form of protected speech under the First Amendment.

In two landmark decisions, Texas v. Johnson (1989) and United States v. Eichman (1990), the Court struck down federal and state laws that had sought to ban flag desecration. While lawmakers have occasionally introduced constitutional amendments to override those rulings, none have succeeded.

Trump has previously criticized flag burning and has called for stricter penalties, but Thursday’s order would rely on reinterpreting existing laws rather than creating a new ban.