The Supreme Court and Flag Burning: If Only The Fire Could Burn Away MAGA Nonsense
Bad policy ideas never die. They just go to Mar-a-Lago, get sunburned and reappear in Trump’s executive orders. The latest: President Donald J. Trump trying (again) to criminally prosecute people for burning the flag. Why? Because nothing screams “freedom” like threatening dissenters with jail or deportation. Let’s torch through the facts and see how this culture war sideshow bumps up against the actual law, the First Amendment, and the Supreme Court’s stubborn refusal to care about MAGA feelings.
So, What’s In Trump’s “Prosecute Flag Burning” Order?
On August 25, 2025, Trump issued a shiny new executive order—because apparently the Constitution isn’t conveniently MAGA-branded yet. The order tells the Attorney General to start prosecuting people who burn American flags under the warmed-over pretense that it’s not “speech,” but “incitement” or maybe even “fighting words.” Also, if you’re a foreign national and you light up Old Glory, you might as well pack your bags—immigration benefits can be terminated. Because what is American justice if not extremely selective and vindictive these days?
Legal Experts Respond: “Are You Kidding?!”
The legal community responded with what in lawyer-speak amounts to “LOL, no.” Not just because SCOTUS is allergic to MAGA theatrics, but because landmark Supreme Court cases Texas v. Johnson (1989) and United States v. Eichman (1990) exist, both clearly holding that flag burning—even if it makes Grandpa QAnon cry in his recliner—is protected symbolic speech. Eugene Volokh, that paragon of rational legal analysis, called Trump’s order “selective enforcement”—a fancy way of saying political witch hunt. The Attorney General dutifully claimed it’s all cool and constitutional, which, sure, checks out… on Truth Social.
How the Supreme Court Burned Down the Flag Ban Mob
Let’s get historical for about 30 seconds: At the 1984 GOP convention in Dallas, Gregory Lee Johnson torched a flag at a protest. This offended some people (surprise), but no violence occurred. He was convicted and appealed, and in Texas v. Johnson, the Supreme Court, with the late Antonin “If I Were King” Scalia on board, said the state couldn’t ban flag burning just because it hurts your delicate patriotism. Scalia’s own take: “If I were king, I would not allow it. But I’m not, and neither is Trump.” Sorry, fellas.
But MAGA world has a “burner phone” problem: they keep dialing the same losing legal arguments. Congress tried to criminalize flag burning again with the Flag Protection Act of 1989. The Court shot that down too (Eichman): “You can’t arrest people because you don’t like what their action says.”
Why the Obsession? (Answer: Power & Distraction!)
Every cycle, GOP authoritarians can’t resist this issue. It lets them posture as brave defenders of a piece of cloth while ignoring actual threats to democracy (see: Jan. 6th, pardoned insurrectionists, right-wing violence). Trump and his loyalist puppet JD Vance are drooling at the prospect of a Supreme Court packed with reliable ideologues who might overturn precedent. Never mind civil liberties—what matters is MAGA revenge fantasy.
Immigration, Authoritarianism & The Hypocrisy Olympics
You know what’s more American than protesting with a flag? The idea that immigration benefits can be snatched from anyone caught expressing unpopular opinions. But hey, why let the Constitution get in the way of dog-whistle politics? Nothing says “We the People” like ICE targeting immigrants for actions the Supreme Court explicitly protects—all while flag-waving offenders from Jan. 6th get pardoned and lionized for their supposed “patriotism,” even when they stormed the Capitol. Call it what it is: fascist nonsense.
What’s Next? Pay Lawyers, Not Pyros
So, what happens when Trump’s administration tries to use fire codes or public nuisance laws to bust flag burners? Legal challenges, obviously. There’s already been an arrest in D.C.—dude burns a flag near the White House, gets popped, and you know he’ll have the ACLU on speed dial. If Trump’s crew wants a court fight, they’ll get one. Their end game isn’t really about safety—it’s about baiting the Supreme Court for a new chance to gut free speech. Watch this space (and donate to a good civil rights org).
Final Thoughts: Patriotism Isn’t Compulsory, Authoritarianism Shouldn’t Be Either
If loving the flag means criminalizing protest and twisting the Constitution past recognition, count me out. History and the highest court have spoken: Protest is patriotic, even when uncomfortable for those who mistake power for law. We don’t have kings, not even orange ones. The only thing Trump’s executive order really burns is our time—and if we aren’t careful, the Bill of Rights too.
Valid sources (for those who want real facts, not Truth Social posts):
1. https://www.scotusblog.com/2025/08/the-supreme-court-and-flag-burning-an-explainer/ 2. https://supreme.justia.com/cases/federal/us/491/397/ 3. https://supreme.justia.com/cases/federal/us/496/310/ 4. https://reason.com/volokh/2025/08/25/prosecutions-under-new-prosecuting-burning-of-the-american-flag-order-would-violate-first-amendment/ 5. https://apnews.com/article/trump-executive-order-flag-burning-4628d588350db4f6baf10ae1d91f49c1 6. https://constitutioncenter.org/blog/when-the-supreme-court-ruled-to-allow-american-flag-burning 7. https://www.nbcnews.com/politics/white-house/man-arrested-burning-flag-white-house-trump-executive-order-rcna226727 8. https://www.usatoday.com/story/opinion/columnist/2025/08/28/trump-flag-burning-executive-order-first-amendment/85851547007/ 9. https://x.com/JDVance/status/1960323677670592562 10. https://www.whitehouse.gov/presidential-actions/2025/08/prosecuting-burning-of-the-american-flag/