Fact Sheet: President Donald J. Trump Protects the American Flag from Desecration

Key points

• Enforcement priority: The order directs the Attorney General to prioritize vigorous prosecution of crimes and civil violations connected to flag desecration that fall outside protected expression (e.g., violent acts, property crimes, conspiracies), and to pursue litigation to clarify First Amendment boundaries in such cases.
• Referrals to state/local authorities: Federal agencies that identify potential violations of state or local laws (e.g., open-burning, disorderly conduct, property-destruction statutes) should refer matters to the appropriate state or local authority.
• Immigration consequences: The Secretary of State, the Attorney General, and the Secretary of Homeland Security are authorized to deny, revoke, or terminate visas, residency, naturalization proceedings, or other immigration benefits, or seek removal where a foreign national’s flag-desecration activity permits such remedies under federal law.
• Rationale and framing: The fact sheet frames flag burning as uniquely offensive, potentially inciting violence, and sometimes used by foreign groups to intimidate Americans; it asserts the Supreme Court has not protected desecration that is likely to incite imminent lawless action or constitute “fighting words.”
• Contextual actions: The fact sheet places this order alongside broader Administration efforts to promote patriotism and national symbols (e.g., prior orders on monuments, State Department flag policy, Smithsonian directives, America 250 initiatives).