Trump signs executive order directing DOJ to prosecute flag burning

[Almost Heaven]

WASHINGTON — President Donald Trump on Monday signed an executive order charging the Department of Justice with investigating cases of flag desecration and burning, saying that anybody who burns a U.S. flag would be charged with inciting a riot.
Trump said burning an American flag “incites riots at levels we’ve never seen before.”

Anybody charged for destroying a flag would be charged with inciting a riot and receive one year in jail with no opportunity for early release, Trump claimed.
Trump’s advisers said the executive order “wouldn’t fall afoul of the First Amendment,” which protects the freedom of speech, but did not expand on what that meant.
Fox News, which was the first outlet to report about the order, cited a fact sheet provided by the White House.
"The American flag is the most sacred and cherished symbol of the United States of America, and desecrating it is uniquely and inherently offensive and provocative. It is a statement of contempt and hostility toward our Nation, and an act used by groups of foreign nationals calculated to intimidate and threaten violence against Americans," the fact sheet shared with Fox reads.
Flag burning has been a contentious legal topic for more than a century, with the first Supreme Court case related to the practice reaching the high court in 1907.
In that case, the Supreme Court held that state governments had the authority to ban desecration of the United States flag.
But in the decades since then, the court has walked back that ruling, determining that symbolic speech using the flag was covered under the first amendment. The 1989 ruling in Texas v. Johnson saw the Supreme Court hold, in a 5-4 decision, that Johnson's burning of the flag was protected expression under the first amendment, according to the Free Speech Center at Middle Tennessee State University.
Recent flag burnings have protested the Trump administration's policies on Israel and immigration, with demonstrators across the country burning flags in symbolic gestures against the hardline immigration practices the Trump administration is imposing with ICE raids, as well as U.S. support of Israel as Israeli forces continue an offensive in Gaza that outside observers have called a genocide and cautioned about famine

Trump signs executive order to prosecute anybody who burns a US flag

Trump's executive order orders the DOJ to charge alleged flag burners with inciting a riot.

www.kvue.com

 

[Almost Heaven]

The above order also included an immediate halt to "cashless bail". It no longer exists!

 

[Everlasting Life]

What I know about abusive people is when physical property is being destroyed, it's not long after that this moves on to physical abuse directed towards people.

It can happen with isolated situations or with whole groups.

 

[Tall Timbers]

Unless there is a law that bans burning the American flag, Trump wouldn't be able to directly direct prosecution for that. But he can order his people to arrest flag burners for inciting a riot. Then a court would have to determine if that could possibly be true in each case.

As for cashless bail. He can order that at the Federal level but I don't believe he has any authority to direct the states to do away with cashless bail. So, I suspect that cashless bail, at least at the state level will continue until it is addressed by the individual state legislatures.

During Trump's first term I warned against governing via executive orders. It's a slippery slope. Executive Orders are not law, their place is to direct those in the executive branch on how to interpret/enforce laws that are in place.

In this case, the judicial branch is not affected by executive orders, so sentencing will or at least should be in accordance with the laws on the books. If someone is actually convicted of inciting to riot because they burned a flag, the sentence will be in accordance with actual laws on the books, not this executive order.

 

[Amethyst]

I didn't read the full article.

I don't agree with burning the American flag, but if someone purchased one then is it not their own property to do was they wish in their own space?

A lot of people display their flag upside down, what if there became a law against that? Too many freedoms can be taken IMO.

 

[Tall Timbers]

I don't agree with burning the American flag, but if someone purchased one then is it not their own property to do was they wish in their own space?

Burning the US flag is considered a proper way to dispose of one that's going to be tossed out. If is supposed to be done in a dignified manner, so I guess one could tell the difference between a flag disposal ceremony where flags are being burned and one being burned in an attempt to incite people to riot.

 

[Bethlehem57]

WASHINGTON — President Donald Trump on Monday signed an executive order charging the Department of Justice with investigating cases of flag desecration and burning, saying that anybody who burns a U.S. flag would be charged with inciting a riot.
Trump said burning an American flag “incites riots at levels we’ve never seen before.”

Anybody charged for destroying a flag would be charged with inciting a riot and receive one year in jail with no opportunity for early release, Trump claimed.
Trump’s advisers said the executive order “wouldn’t fall afoul of the First Amendment,” which protects the freedom of speech, but did not expand on what that meant.
Fox News, which was the first outlet to report about the order, cited a fact sheet provided by the White House.
"The American flag is the most sacred and cherished symbol of the United States of America, and desecrating it is uniquely and inherently offensive and provocative. It is a statement of contempt and hostility toward our Nation, and an act used by groups of foreign nationals calculated to intimidate and threaten violence against Americans," the fact sheet shared with Fox reads.
Flag burning has been a contentious legal topic for more than a century, with the first Supreme Court case related to the practice reaching the high court in 1907.
In that case, the Supreme Court held that state governments had the authority to ban desecration of the United States flag.
But in the decades since then, the court has walked back that ruling, determining that symbolic speech using the flag was covered under the first amendment. The 1989 ruling in Texas v. Johnson saw the Supreme Court hold, in a 5-4 decision, that Johnson's burning of the flag was protected expression under the first amendment, according to the Free Speech Center at Middle Tennessee State University.
Recent flag burnings have protested the Trump administration's policies on Israel and immigration, with demonstrators across the country burning flags in symbolic gestures against the hardline immigration practices the Trump administration is imposing with ICE raids, as well as U.S. support of Israel as Israeli forces continue an offensive in Gaza that outside observers have called a genocide and cautioned about famine

Trump signs executive order to prosecute anybody who burns a US flag

Trump's executive order orders the DOJ to charge alleged flag burners with inciting a riot.

www.kvue.com

I’m old enough to remember that if anyone dared burn a USA flag, there were serious consequences. Then again, growing up in California, all the craziness started there and spread throughout the country. I’m thankful that we moved out of there in the 80’s!