Donald Trump, president of the United States, signed an executive order on Monday that instructs the Justice Department (DOJ) and Attorney General Pam Bondi to process who burns or profane the country’s flag.
“The American flag is the most sacred and valued symbol in the United States of America, and profanity is uniquely and inherently offensive and provocative. It is a statement of contempt and hostility against our nation,” the White House said in a press release.
The act of burning the American flag, from the perspective of the Supreme Court, is a right protected by the first amendment of the US Constitution, which talks about freedom of expression. Trump’s order would signal that it is possible to reverse this precedent.
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In addition, Trump had already verbally condemned protesters for burning US flags in the past, even asking for a constitutional amendment to reduce protections to freedom of expression in order to criminalize practice.
“You should get a sentence of a year in prison if you do anything to desecrate the American flag,” Trump said in 2024 in an interview with Fox & Friends.
Consequences
The order would allow Bondi to “vigorously process” US citizens or others who live on US soil, trying to find lawsuits to clarify how far the first amendment is gone, according to the document released.
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Also, the White House stresses that the attorney general could refer cases of desecration of the flag to state or local authorities. Other consequences for those who burn or profane the flag would be the prohibition or closure of visas, permission of residences and naturalization processes.
Other amendments
Trump also signs two more executive orders: one that endes bail without cash, and another that allows the country’s Washington police to arrest people as long as there is federal intervention in the district and accuse them of federal crimes.
HAS ReutersA White House employee said the US President could cut the federal financing of the districts that adopt the bail without payment. The goal is that those who are arrested in Washington cannot be released with bail without payment, at least while responding for lawsuits.
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Bail without payment works to release defendants while expecting trial. They promise to attend the court and thus do not need to pay any specific amount.
There are two arguments for bail without payment: critics say it reduces the incentive to make defendants go to trial, which would put public safety at risk. Defenders say low -income people could not pay the bail.
According to the disclosure made by the White House, the Executive Order states that Pam Bondi prepares a list of state and local jurisdictions that adopted the bail unpaid. The document also guides that federal resources are identified for these locations that may be suspended or closed.
