Trump issued an executive order on August 25 calling for prosecution of people who burn the American flag. Burning the flag is a constitutionally protected act of free speech. Overturning this precedent is yet another example of Trump acting above the law and the constitution, backed by the illegitimate fascist-backed Supreme Court and the Trump fascist regime, in order to crush dissent.
Statement from Joey Johnson, whose case Texas v Johnson established this important right.
Trump’s executive order, issued August 25, 2025, against burning the American flag, is a blatant violation of basic rights, and settled Supreme Court precedent. It is a fascist order and an act of repression. It must be opposed. The fascism behind it must be defeated. Trump’s executive order is an attack on established rights of political dissent, hard fought-for rights of the people, concentrated in my Supreme Court case, Texas v. Johnson decided—more than three decades ago—that burning the American flag in protest is protected, as political speech, in the 1st amendment to the U.S. Constitution. Trump ignores the Supreme Court, and seeks to prosecute people for political “crimes.” In doing so he attacks, again, the rule of law. Trump’s order that people who burn the flag in protest be prosecuted for other “related” crimes, such as inciting violence from those who are upset about the act of burning the flag, were already answered by the decision in Texas v. Johnson. His order attempts to compel respect for, and place above criticism, the symbol of the U.S. government and this capitalist-imperialist system, which has violated rights and destroyed lives here and all over the world. This is one more terrible assault by fascism in power, and it must be opposed by everyone who supports basic rights. For this and so many other reasons, including the ICE Gestapo terrorizing of immigrants and the military occupation and patrolling of American cities, this fascism must be driven from power by mass, non-violent protest and resistance. I support the call from RefuseFascism.org for millions to take to the streets: “The time has come for… THE FALL of the TRUMP FASCIST REGIME—Beginning November 5, 2025—Washington DC.”