“We took away freedom of speech,” Trump says on flag-burning protections
President Trump reiterated his position at the roundtable that flying the flag is not protected speech, despite Supreme Court cases protecting the right.
- President Trump said his administration had “taken away freedom of speech” in connection with the flag burning during a roundtable discussion on Antifa.
- In August, President Trump issued an executive order calling on his administration to prosecute those who burn the American flag, calling such acts “uniquely offensive and provocative.”
President Donald Trump said on October 8 that his administration had “taken away freedom of speech” over flag burning, which the Supreme Court has ruled is protected by the First Amendment.
“We took away free speech because it went through the courts, and the courts said there was free speech, but what actually happened was they agitated and irritated the crowd by burning the flag,” Trump said during a roundtable discussion on Antifa. “I have never seen a situation where there would be violence on either side.”
Trump made the comment in reference to conservative influencer Nick Souter, who reported being attacked after trying to stop flag burning at a protest, according to Oregon Live.
President Trump also referenced his Aug. 25 executive order directing his administration to prosecute people who burn the American flag.
The order described the flag as “our most sacred and cherished symbol” and said its desecration was “uniquely offensive and provocative.”
The U.S. Supreme Court ruled in a 1989 case involving Gregory Lee Johnson, who burned the flag in protest of then-President Ronald Reagan’s administration, that flag-burning was protected speech.
The court found that First Amendment rights are not limited to oral or written speech. The ruling said states could seek to stop “imminently illegal acts” but added that acts like Johnson’s are and should be protected.
During the roundtable, President Trump reiterated his position that flag burning does not protect speech, saying, “Burning the American flag incites great violence.”
White House press secretary Abigail Jackson told USA TODAY that President Trump will “always uphold the First Amendment while implementing common sense, tough-on-crime policies to prevent violence and disorder.”
“President Trump will not allow the Star-Spangled Flag, a special symbol of our nation’s greatness, to be used as a tool to incite violence and insurrection that threatens the safety of everyday Americans,” Jackson said.
Attorney General Pam Bondi said at an executive order signing ceremony in August that the administration could prosecute flag burning “without violating the First Amendment.”
Hours after the signing, a man was arrested for burning the flag outside the White House. U.S. Park Police said the man was arrested on suspicion of violating the National Park Service’s fire policy, which prohibits arson “except in designated areas or containers and under conditions established by superintendents.”
Breanna Frank is USA TODAY’s First Amendment reporter. Please contact bjfrank@usatoday.com..USA TODAY’s coverage of First Amendment issues is funded by the Freedom Forum in collaboration with our journalism funding partners. Funders do not provide editorial input.
