Trump's order on flag burning could return the question to the Supreme Court
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Associated Press explains that the directive creates no new criminal penalty and that Texas v. Johnson and United States v. Eichman protect expressive flag burning; prosecution must therefore rest on a content-neutral law applicable to separate conduct, not disagreement with the message.
Description of the order and governing Supreme Court precedentsFlag-burning directive confronts binding First Amendment precedent · Directive issued, but Texas v. Johnson and Eichman remain controlling First Amendment precedent. · reviewed 2026-09-03