Trump’s signs of prohibiting the flag burn – a right protected by the American Constitution

US President Donald Trump signed an executive decree forcing the Ministry of Justice on Monday to investigate and pursue people for burning the American flag, an activity that the United States Supreme Court has judged is a legitimate political expression protected by the American Constitution.

The order signed in the Oval Office recognized decision 5-4 of the Court in a Texas case in 1989, but said that there was still room to continue burning the flag if “is likely to encourage an action without imminent law” or equivalent to “fighting words”.

“You burn a flag, you get a year in prison. You don’t get 10 years, you don’t get a month,” said Trump. “You get a year in prison, and this comes back to your file, and you will see flag burns stop immediately.”

The order also called the US prosecutor Pam Bondi to pursue disputes to contest the 1989 decision, an attempted Trump to postpone the question before the Supreme Court. Today’s Superior Court is much more conservative than the composition of the Court in 1989 and includes three judges that Trump appointed during his first mandate.

The defenders of civil liberties and the constitutional scholars questioned the legality and the merit of Trump’s action. A lawyer working for a free-discourse organization said Trump did not have the power to rewrite the first amendment.

“Although people can be prosecuted for burning anything in a place where they are not allowed to make fires, the government cannot continue a protected expressive activity – even if many Americans, including the president, find this” only offensive and provocative “,” said Robert Corn -Reverre, chief lawyer for the Foundation for Individual Rights and Expression.

Look | The American president aims to burn the flag, a policy of release under bond in the decrees:

Trump signs an executive decree targeting the deposit, the burning flag

President Donald Trump signed two other executive orders on Monday by targeting the surety and burning policy. Trump also threatened to send the national guard to larger cities across the United States, citing increased crime and homelessness.

No burning epidemic of the American flag, explains the professor

In the 1989 case, the judges of the Supreme Court judged 5-4 that the first amendment protects the burning of the flag as a legitimate political expression. The late judge Antonin Scalia, the conservative icon that Trump has praised several times, was in the majority.

Trump described the 1989 court on Monday behind the decision as a “very sad court”.

The president said that the combustion of the American flag “encourages riots at levels that we have never seen before”, some people “go crazy” of the act of setting it on fire and others expressing anger at people for burning it. He did not offer examples.

An information sheet of the White House referred to the recent demonstrations, especially in Los Angeles in June, where the flag was burned “alongside violent acts and others led by public security”.

“Throughout the country, they burn flags. All over the world, they burn the American flag,” said Trump, while Bondi, US vice-president JD Vance, defense secretary Pete Hegseth and other administration officials stood behind.

GS Hans, professor of law at Cornell University who focuses on the first amendment, said the country had not suffered from an epidemic of the flag.

“I don’t think it’s something that was a big problem,” said Hans in an interview. “It is a solution looking for a problem.”

“Only offensive and provocative”

The executive decree stipulates that the desecration of the American flag is “only offensive and provocative. This is a declaration of outrage, hostility and violence against our nation – the clearest possible expression of the opposition to the political union which preserves our rights, our freedom and our security. Bringing this representation of America can encourage violence and the riot.”

The ordinance calls on the Attorney General to prioritize the application “as much as possible” of criminal and civil laws against the flag burns which cause damage unrelated to the guarantee of free-mindedness of the first amendment.

“Thank you for protected the American flag, and we will also do it without running the first amendment,” Bondi told the president.

Look | Trump says that the demonstrators disturbing on the day of the flag to be welcomed by a “very heavy force”:

Trump says that the demonstrators disrupting on the day of the flag to be welcomed by a “very heavy force”

US President Donald Trump told journalists on Tuesday that he did not even know a demonstration, referring to “no kings” demonstrations planned across the country.

Foreign nationals could face their visa, residence permits, their naturalization procedures and other immigration benefits revoked, according to the ordinance. They could also be expelled.

Flag burns have been in Trump’s mind for years.

After being elected president for the first time in November 2016, Trump said that “there must be consequences” for anyone burning an American flag, such as prison or loss of citizenship.

“No one should be allowed to burn the American flag – if they do, there must be consequences – perhaps a loss of citizenship or a year in prison!” Trump wrote about what was then twitter.

The American Constitution prohibits the government from stripping the citizenship of Americans of natural origin.