US President Donald Trump has signed an executive order that instructs law enforcement officials in the United States to prosecute the burning of the American flag when the burning is linked to violence or criminal activity such as riots.

The order, issued this week, marks a direct challenge to long-standing Supreme Court precedent protecting flag desecration as free speech under the First Amendment.

Declaring the flag a “sacred national symbol,” the order asserts that flag burning intended to incite violence or disorder “falls outside the protections of free speech.” Under the order, the Attorney General must prioritise enforcement of all federal, state, and local laws prohibiting violent or criminal flag desecration. This includes cases prosecuted as hate crimes, property destruction, or public disorder.

Federal agencies are also directed by this order to refer incidents to local prosecutors where appropriate, while the Justice Department is tasked with seeking legal clarity on the limits of First Amendment protection in such cases.

Significantly, the order also targets foreign nationals, instructing the Departments of State, Justice, and Homeland Security to deny or revoke visas, halt naturalisation, or begin removal proceedings against those accused of violent acts of flag desecration. These steps reflect the administration’s effort to link the issue not just to law and order, but to national identity and security.

Critics will see the order as a direct affront to established constitutional rights, while supporters are likely to praise the effort to reinforce respect for American symbols. However, the true test will be in the courts, where any attempt to restrict expressive conduct faces high legal hurdles and sets the stage for another round in America’s enduring conflict over the meaning of patriotism and dissent.

Viewed through the legal lens, the executive order reignites the debate over free speech, national symbols, and the boundaries of lawful protest in America.