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Trump flag burning executive order could flip First Amendment on its head with new court

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President Donald Trump and his administration are likely set to challenge a Supreme Court ruling that protected the burning of the American flag under the First Amendment with a new executive order calling for those who desecrate the U.S. flag while inciting violence or breaking other laws to face prosecution.
The executive order, which Trump signed Monday morning, directs the attorney general to prosecute those who violate laws «in ways that involve desecrating the flag,» and to pursue litigation that would clarify the scope of the First Amendment as it relates to flag desecration.
Burning the American flag, however, already has been litigated, with the Supreme Court ruling in 1989 that burning the flag is a form of symbolic speech that is protected by the First Amendment.
«I think what the president is saying, is that he’s ordering Attorney General Pam Bondi, Justice Department lawyers to prosecute those who maliciously burn an American flag,» senior legal fellow at the Heritage Foundation’s Edwin Meese III Center for Legal and Judicial Studies told Fox News Digital Monday. «And what that would essentially do is tee up a challenge eventually for the Supreme Court to revisit and potentially overturn its prior precedent saying that burning an American flag is protected speech.»
TRUMP TO CRACK DOWN ON FLAG BURNING, DESECRATION WITH EXECUTIVE ORDER
President Donald Trump signed an executive order Aug. 25, 2025, cracking down on suspects who desecrate the American flag. (Getty Images)
The 1989 case was centered on political protester Gregory Lee Johnson, who burned the American flag in 1984 outside the Republican National Convention in Dallas in protest of President Ronald Reagan’s re-election.
«America, the red, white, and blue, we spit on you,» protesters chanted as Johnson lit the flag on fire, according to details in the case, called Texas v. Johnson.
Johnson was charged under the Texas Venerated Objects Statute, a state law that prevented individuals from vandalizing respected objects such as the U.S. flag. Johnson was found guilty in 1985 and sentenced to one year behind bars and a $2,000 fine, but appealed the ruling.
The Supreme Court agreed to hear the case in 1989, with the nation’s highest court ruling in a 5–4 decision that burning the American flag was protected speech under the First Amendment. The Supreme Court held a conservative majority at the time.
TRUMP’S RENEWED CALLS TO JAIL AMERICAN FLAG BURNERS CLASHES WITH COURT PRECEDENT
Justice William J. Brennan, a Democrat nominated by former President Dwight Eisenhower, issued the majority opinion, and argued «that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.»
«We can imagine no more appropriate response to burning a flag than waving one’s own, no better way to counter a flag-burner’s message than by saluting the flag that burns, no surer means of preserving the dignity even of the flag that burned than by — as one witness here did — according its remains a respectful burial,» the majority opinion read. «We do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represent.»

President Trump’s American flag executive order calls on the attorney general to use «the maximum extent permitted by the Constitution» to «vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag.» (spxChrome)
Justices Thurgood Marshall, Harry A. Blackmun, Antonin Scalia and Anthony M. Kennedy joined Brennan in the majority opinion. Chief Justice Rehnquist authored the court’s dissenting opinion, arguing that the American flag holds a unique status in the U.S. that should protect it from acts such as burning.
In 1990, the Supreme Court reaffirmed its ruling the year prior, while invalidating Congress’ Flag Protection Act of 1989, which lawmakers passed in response to the Supreme Court’s Texas v. Johnson ruling.
Trump’s Monday executive order calls on the attorney general specifically to launch legal efforts to clarify «the scope of the First Amendment.»
TRUMP VOWS CONSEQUENCES FOR ‘ANIMALS’ BURNING AMERICAN FLAGS IN LA, SLAMS THOSE WAVING OTHER COUNTRIES’ FLAGS
The executive order states: «To the maximum extent permitted by the Constitution, the Attorney General shall vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag, and may pursue litigation to clarify the scope of the First Amendment exceptions in this area.»
Back in 2003, current Justice Clarence Thomas provided some insight into where he stands with the burning of venerated objects, offering a dissenting opinion in the case Virginia v. Black on the burning of crosses.
Thomas cited Rehnquist’s dissenting opinion in the Texas v. Johnson case in his 2003 dissenting opinion on cross-burning.
«In every culture, certain things acquire meaning well beyond what outsiders can comprehend. That goes for both the sacred, see Texas v. Johnson, 491 U. S. 397, 422-429 (1989) (REHNQUIST, C. J., dissenting) (describing the unique position of the American flag in our Nation’s 200 years of history), and the profane. I believe that cross burning is the paradigmatic example of the latter,» he wrote in 2003.

President Trump’s executive order on flag desecration calls on the attorney general, Pam Bondi, to launch legal efforts to clarify «the scope of the First Amendment.» (Francis Chung/Politico/Bloomberg via Getty Images)
Smith pointed to two dynamics to watch out for with regard to a potential flag-burning case landing on Supreme Court’s docket in the future: that some justices have expressed «some concern that potentially expressive conduct has been read too broadly,» and how the justices will apply stare decisis, which is legal doctrine outlining courts should follow established precedents, such as the 1989 ruling.
«I think a couple of things are happening here,» he said. «I think some justices have expressed some concern that potentially expressive conduct has been read too broadly. Things that are really conduct, not speech, have been read to be protected, and maybe they should not be protected, as protected as they have been in the past.»
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«The other interesting dynamic, I think that you should watch for, is how certain justices will apply what’s known as stare decisis, and essentially that’s the fancy Latin term. It means that ‘they decided,’» Smith continued. «Several times recently, Chief Justice Roberts in particular, has said that even though he disagrees on the merits with the … decision the Supreme Court is reaching, he has joined the majority anyway because he believes stare decisis should apply and the court should not overturn or revisit its previous decisions in this area. Even though he may subsequently disagree with it.»
Trump celebrated the executive order during the Monday signing ceremony in the Oval Office, saying the 1989 Supreme Court ruling protecting flag burning was made by a «very sad court.»
«Flag burning. All over the country, they’re burning flags. All over the world, they burn the American flag,» he said. «And as you know, through a very sad court, I guess there was a 5 to 4 decision. They called it freedom of speech.»

President Donald Trump lamented how U.S. flags have been burned by protests on U.S. soil and abroad. (Mark Schiefelbein/The Associated Press)
«But there’s another reason, which is perhaps much more important,» he said. «It’s called death. Because what happens when you burn a flag is the area goes crazy. If you have hundreds of people, they go crazy.»
«You could do other things. You can burn this piece of paper,» he said. «But when you burn the American flag, it incites riots at levels that we’ve never seen before.»
First Amendment groups such as the Foundation for Individual Rights and Expression slammed the executive order in comment provided to Fox News Digital, saying Trump does not have the «power to revise the First Amendment with the stroke of a pen.»
«Flag burning as a form of political protest is protected by the First Amendment,» Foundation for Individual Rights and Expression Chief Counsel Bob Corn-Revere said in Monday comment. «That’s nothing new. While people can be prosecuted for burning anything in a place they aren’t allowed to set fires, the government can’t prosecute protected expressive activity — even if many Americans, including the president, find it «uniquely offensive and provocative.»
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«You don’t have to like flag burning,» he added. «You can condemn it, debate it, or hoist your own flag even higher. The beauty of free speech is that you get to express your opinions, even if others don’t like what you have to say,.»
white house,first amendment,donald trump,supreme court
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La mirada de un ex marine: “Trump no tiene una estrategia, busca ser el virrey de Irán”

Una guerra de poco tiempo
Trump no es el primero ni el último líder del mundo que vaya a contradecirse de hacer una cosa y decir otra. Pero Estados Unidos, que nunca ha sido un país perfecto, siempre ha sido un país líder
Molestias en Estados Unidos por la guerra
¿Una Delcy iraní?
No hay Delcy Rodríguez en Irán. Irán no era y no es un régimen basado en el crimen organizado
¿Trump, el virrey?
La espera de los republicanos
Para realmente cambiar un régimen, para instalar un gobierno títere, para controlar los recursos de un país, todavía se requiere lo que se requería en la época medieval y esos son soldados
El poder del Estrecho de Ormuz
INTERNACIONAL
Rubio designates Afghanistan as ‘state sponsor of wrongful detention’: ‘Despicable tactics’

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U.S. Secretary of State Marco Rubio designated Afghanistan as a «state sponsor of wrongful detention,» accusing the Taliban of «unjustly» detaining Americans and other foreign nationals.
In his announcement on Monday, Rubio said the Taliban continues to use «terrorist tactics» that he insisted «need to end.»
«I am designating Afghanistan as a State Sponsor of Wrongful Detention,» Rubio said in a statement. «The Taliban continues to use terrorist tactics, kidnapping individuals for ransom or to seek policy concessions. These despicable tactics need to end.»
The secretary also called on the terror group to free a pair of Americans who are «unjustly detained» in Afghanistan.
IRAN REGIME CITED AS TRUMP ADMIN SET TO DESIGNATE SUDAN’S MUSLIM BROTHERHOOD A TERROR GROUP
U.S. Secretary of State Marco Rubio designated Afghanistan as a «state sponsor of wrongful detention.» (Alex Wong/Getty Images)
«It is not safe for Americans to travel to Afghanistan because the Taliban continues to unjustly detain our fellow Americans and other foreign nationals,» he said. «The Taliban needs to release Dennis Coyle, Mahmoud Habibi, and all Americans unjustly detained in Afghanistan now and commit to cease the practice of hostage diplomacy forever.»
Coyle, 64, was detained more than a year ago without charges by the Taliban General Directorate of Intelligence, according to his family, noting that he still has not been charged. His family said he was legally working to support Afghan language communities as an academic researcher.
Habibi, a 38-year-old American citizen who was born in Afghanistan, was taken along with his driver from their vehicle in the capital of Kabul in August 2022 by the Taliban General Directorate of Intelligence, according to the State Department.
The FBI said Habibi was previously Afghanistan’s director of civil aviation and worked for the Kabul-based telecommunications company Asia Consultancy Group. The FBI said the Taliban detained 29 other employees of the company but has released most of them.

Secretary of State Marco Rubio said the Taliban continues to use «terrorist tactics» that he insisted «need to end.» (J. Scott Applewhite/AP Photo)
Habibi has not been heard from since his arrest, and the Taliban has not disclosed his whereabouts or condition, according to the State Department and FBI. The Taliban has previously denied it detained Habibi.
The U.S. is also calling for the return of the remains of Paul Overby, an author who was last seen close to Afghanistan’s border with Pakistan in 2014, according to Reuters, citing two sources familiar with the situation.
The State Department could restrict the use of U.S. passports for travel to Afghanistan if the Taliban does not meet the U.S. government’s demands, the sources told the outlet.
A passport restriction of this kind is currently only in place for North Korea.
The Taliban called the decision by Rubio to designate Afghanistan a «state sponsor of wrongful detention» regrettable, adding that it wanted to resolve the matter through dialogue.
STATE DEPARTMENT DEFENDS ‘PROACTIVE’ EVACUATION EFFORTS AGAINST DEMS’ CLAIMS OF DIPLOMATIC CHAOS

The Taliban called the decision to designate Afghanistan a «state sponsor of wrongful detention» regrettable. (Reuters/Ali Khara)
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The Taliban took control of Afghanistan in 2021 during the U.S. military’s chaotic withdrawal from the country that ended the 20-year war in the region.
Rubio gave the «state sponsor of wrongful detention» designation to Iran late last month, just one day before the U.S.-Israeli strikes on the country. He warned that the U.S. could restrict travel to Iran over its detention of U.S. citizens, but there have not been any restrictions yet.
«The Iranian regime must stop taking hostages and release all Americans unjustly detained in Iran, steps that could end this designation and associated actions,» Rubio said at the time.
Reuters contributed to this report.
afghanistan,world,terrorism,marco rubio,secretary of state,state department
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Mamdani avoids ‘radical Islamic terror’ phrase after ISIS-inspired NYC attack, echoing Obama-era debate

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New York Mayor Zohran Mamdani condemned an alleged ISIS-inspired bomb plot outside Gracie Mansion but did not use the phrase «radical Islamic terror,» reviving long-running criticism from the Obama era that some Democratic leaders avoid the term.
Two suspects were arrested after allegedly throwing improvised explosive devices near the mansion during a protest Saturday, with one reportedly telling authorities he was inspired by ISIS. Mamdani later described the attempted attack as «terrorism» but did not reference radical Islam in his initial public remarks.
Several Republican lawmakers and political rivals criticized Mamdani’s choice of words.
«There is absolutely no excuse for any public official to equivocate or be confused here,» New York State Sen. Steve Chan, R-Brooklyn, told Fox News Digital Tuesday.
DRAMATIC VIDEO SHOWS NYPD TACKLING MAN WHO THREW ‘IGNITED DEVICE’ NEAR NYC MAYOR’S HOME DURING PROTEST CLASH
New York State Sen. Steve Chan marches along the Avenue of the Americas during the Dominican Day Parade in Manhattan. (Luiz Rampelotto/NurPhoto)
«Anyone who throws a bomb is not a protester: they are a terrorist, plain and simple, and elected officials need to call it like it is,» Chan said, adding that he commends the NYPD for their brave and swift action at the scene.
Authorities said the two suspects, Emir Balat and Ibrahim Kayumi, both from the Philadelphia suburbs, allegedly threw improvised explosive devices containing a compound known as the «Mother of Satan» during the protest, with one reportedly admitting he was inspired by the Islamic State of Iraq and Syria (ISIS).
Greg Kelly, the son of former NYPD Commissioner Ray Kelly, who led New York through the aftermath of both 9/11 and the 1993 World Trade Center bombing, critiqued Mamdani for calling out the protest as led by an alleged «White supremacist» but whiffing on the ideology behind suspected ISIS-supporters’ actions.
«Imagine that: a bomb goes off in New York City, laid by ISIS-inspired terrorists. The mayor points at White supremacy as the problem; White supremacy if only we could get rid of those White supremacists,» Kelly said on his 77WABC radio program.
After the alleged attack, Mamdani held a press conference with NYPD Commissioner Jessica S. Tisch and called out the «vile protest» against Islam led by January 6 defendant Jake Lang that allegedly inspired the two boys to attack.
«New York City will never tolerate violence, whether from protests or counterprotests,» Mamdani said, condemning the arrested suspects for «coming here to commit an act of terrorism» in return.
New York Democratic scion Andrew Cuomo, the former three-term governor and mayoral candidate, lambasted Mamdani’s response as well.
HERO NYPD OFFICERS HONORED FOR FOILING ALLEGED ISIS-INSPIRED TERROR PLOT NEAR GRACIE MANSION

New York City Democratic mayoral candidate Zohran Mamdani (Deirdre Heavey/Fox News Digital)
«Had the bomb gone off … [it] literally would have done horrific damage. And the police, ironically, were closest to the bomb. Not Jake Lang,» he said.
«The mayor puts out a statement condemning Jake Lang. I agree. And in the second part of the statement, (he) condemns the terrorists. There is no moral equivalency: Jake Lang; bigot, hateful, of course. Yes, I agree — terrorists who bring a bomb to kill people? They are not equivalent, and this city has no tolerance for terrorism or attempted terrorists, and that statement has to be made loud and clear,» Cuomo said.
Hours later, Mamdani returned with a statement posted to social media that cited ISIS.
«Emir Balat and Ibrahim Kayumi have been charged with committing a heinous act of terrorism and proclaiming their allegiance to ISIS. They should be held fully accountable for their actions,» the statement said in part.
A few minutes later, former Mayor Eric Adams posted his own more thorough response to the situation, saying that «no one should be surprised.»
«After years of hateful rhetoric and incitement, attempts to justify attacks on Jews in Israel, praise for violence like the killing of a CEO, and chants about ‘globalizing the intifada’ and ‘Death to America,’ words have now escalated into violence on the streets of New York City, with explosives being thrown,» Adams said.
He identified a «serious radicalization problem» on both political fringes and said it is troubling to see an emphasis on young people being radicalized.
«If we don’t confront it, this will only get worse,» Adams said.
SUSPECT IN NYC TERROR PROBE PLANNED ATTACK ‘BIGGER THAN THE BOSTON MARATHON BOMBING,’ PROSECUTORS SAY

New York Mayor Zohran Mamdani, left, and one of the alleged Gracie Mansion terrorists, right. (Leonardo Munoz/Getty Images; Andrew Lictenstein/Getty Images)
One of the two alleged terrorists arrested was still a student at Neshaminy High School in Neshaminy, Pennsylvania.
Rep. Brian Fitzpatrick, R-Pa., the longtime Bucks County moderate, said in a statement that authorities in Middletown Township were investigating the situation near the boys’ homes.
«Authorities have indicated that there is no known threat to the surrounding community, and the situation remains under the control of law enforcement. The activity was not related to immigration enforcement,» Fitzpatrick said.
In a letter to parents, Neshaminy Superintendent Jason Bowman said the school is in contact with law enforcement and that there is no threat to other students at this time.
President Donald Trump made what he described as the left’s refusal to call out «radical Islamic terrorism» a centerpiece of his 2016 platform, when he regularly criticized former President Barack Obama for failing to fully identify such attacks.
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«Radical Islamic terrorism, and people don’t like saying that. And our president refuses to use the term. Every time another event happens, I say, ‘I wonder if he’ll say it this time,’» Trump said during a campaign rally in Fort Lauderdale, Florida. He went on to criticize his 2016 opponent, former first lady Hillary Clinton, along similar lines.
Fox News Digital reached out to Mamdani’s office for comment.
ericadams,isis,zohran mamdani,terrorism,bombings
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