Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

iemanja

(56,709 posts)
Mon Aug 25, 2025, 08:17 PM Aug 25

Donald Trump issues order defying Supreme Court precedent

Source: Newsweek

A new executive order signed by President Donald Trump on Monday will allow for the prosecution of people involved in the burning of the American flag. This is in direct opposition to a precedent set by the Supreme Court in the Texas vs. Johnson case in 1989 that deemed the action an act of "symbolic speech."

The executive order would create a penalty of one year in jail, Trump said during a press conference in the Oval Office. . .

The executive order signed by Trump on Monday is in opposition to a legal precedent set by the Supreme Court in 1989 when it reached a 5-4 decision in Texas v. Johnson. Justice William Brennan wrote that the government could not prohibit expressive conduct merely because society found it offensive.

Should the order move forward, arrests for burning the American flag would face possible legal challenges and could warrant a revisiting of the precedent.

Read more: https://www.msn.com/en-us/news/us/donald-trump-issues-order-defying-supreme-court-precedent/ar-AA1LbmDH?ocid=msedgntp&pc=HCTS&cvid=68acc0482071419386bd94e13a982949&ei=10

35 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Donald Trump issues order defying Supreme Court precedent (Original Post) iemanja Aug 25 OP
No problem. We erred last time. Now a felony to burn the flag. chicoescuela Aug 25 #1
He imagines he can prosecute people in foreign countries iemanja Aug 25 #2
He's so fucking delusional and Captain Zero Aug 25 #4
I suppose he can have "his" DOJ go after them if and when they return to the U.S.... thesquanderer Aug 25 #18
The Supreme Court might as well retire to their expensive billionaire paid for vacation homes. Irish_Dem Aug 25 #3
A real American will test this pretty quick Captain Zero Aug 25 #5
Someone just did. Irish_Dem Aug 25 #8
Or light the Trumpsky... Harker Aug 25 #9
But... Cirsium Aug 25 #12
I'd do whatever I want with my little flags that I use to adorn my protest signs. Harker Aug 25 #6
Correct Cirsium Aug 25 #13
What are you going to do chief justice roberts ?? republianmushroom Aug 25 #7
He's going to say "please shit in my mouth again, Mr. President!" Orrex Aug 25 #15
Light em up. nt BootinUp Aug 25 #10
Nobody's going to jail for flag burning Fiendish Thingy Aug 25 #11
Bet? ruet Aug 26 #30
Okay, let me be more specific Fiendish Thingy Aug 26 #34
Oops.. ruet Aug 26 #31
Has he been sentenced to incarceration by a judge? Fiendish Thingy Aug 26 #35
What do you get for burning The Constitution? Marthe48 Aug 25 #14
Re-elected. Harker Aug 25 #17
DUzy! 🥇🏆 littlemissmartypants Aug 25 #24
This message was self-deleted by its author GP6971 Aug 25 #16
Question for Shitler Sane1 Aug 25 #19
We enact laws by the king's fiat now? PSPS Aug 25 #20
Exactly. markodochartaigh Aug 25 #25
No need for Congress to make laws V850i Aug 25 #21
What if it only has 48 stars? Or is one of those ridiculous black and white ones for cops? progressoid Aug 25 #22
That isn't how Executive Orders work Bluetus Aug 25 #23
Is it against the law to wipe your ass with the Constitution? Martin Eden Aug 25 #26
id love to see a coupl dozen people start buring flags in front of the white house moonshinegnomie Aug 25 #27
What's the penalty for shitting on it? BurnDoubt Aug 26 #28
Anyone remember the days when bad and unconstitutional policy fujiyamasan Aug 26 #29
America is supposed to be a country of ideals, not flags, songs or pledges. Many people don't understand "ideals' twodogsbarking Aug 26 #32
He fondles and caresses American flags on his stages BigmanPigman Aug 26 #33

iemanja

(56,709 posts)
2. He imagines he can prosecute people in foreign countries
Mon Aug 25, 2025, 08:24 PM
Aug 25

The order says that those who burn an American flag, whether in the U.S. or other countries, will be subject to prosecution and penalties.

thesquanderer

(12,766 posts)
18. I suppose he can have "his" DOJ go after them if and when they return to the U.S....
Mon Aug 25, 2025, 09:34 PM
Aug 25

... though no law to prosecute them exists (yet).

Irish_Dem

(74,825 posts)
3. The Supreme Court might as well retire to their expensive billionaire paid for vacation homes.
Mon Aug 25, 2025, 08:26 PM
Aug 25

Plus all their retirement income and benefits.

Stop pretending to work for the people and the US Constitution.

Captain Zero

(8,407 posts)
5. A real American will test this pretty quick
Mon Aug 25, 2025, 08:29 PM
Aug 25

Right in front of the white house.
They should set up a straw statue of Trump holding a flag and then light the flag.

Harker

(16,870 posts)
6. I'd do whatever I want with my little flags that I use to adorn my protest signs.
Mon Aug 25, 2025, 08:30 PM
Aug 25

I would never burn anyone else's flag.

I thought that in some cases burning a flag was correct etiquette.

Cirsium

(2,868 posts)
13. Correct
Mon Aug 25, 2025, 08:55 PM
Aug 25

"I thought that in some cases burning a flag was correct etiquette."

Yes.

The flags that are no longer serviceable are presented to Legion commanders, who inspect them to make sure they should, in fact, be discarded. When it's agreed upon that they've reached their current worn state due to proper service of tribute, memory and love, a color guard presents the colors and a chaplain offers prayers.

As the crowd salutes, the flag detail dips the retired flags into kerosene and puts them on a rack over the fire. A bugler sounds "To the Colors."

https://www.defense.gov/News/Feature-Stories/story/article/2206946/how-to-properly-dispose-of-worn-out-us-flags/

Orrex

(66,026 posts)
15. He's going to say "please shit in my mouth again, Mr. President!"
Mon Aug 25, 2025, 09:09 PM
Aug 25

You know, like he says every time.

Fiendish Thingy

(20,782 posts)
11. Nobody's going to jail for flag burning
Mon Aug 25, 2025, 08:41 PM
Aug 25

Judges impose sentences, and if no law was broken (and there is no law, only an executive order), there won’t even be a trial.

Fiendish Thingy

(20,782 posts)
34. Okay, let me be more specific
Tue Aug 26, 2025, 09:24 AM
Aug 26

Nobody is going to be indicted, tried, convicted or sentenced by a judge for violating a presidential executive order.

What Trump’s Brownshirt goons do is another matter..

Fiendish Thingy

(20,782 posts)
35. Has he been sentenced to incarceration by a judge?
Tue Aug 26, 2025, 09:27 AM
Aug 26

AFAIK, he hasn’t even been charged/indicted with violating a presidential executive order…because that isn’t a thing in the Justice system.

Response to iemanja (Original post)

Sane1

(178 posts)
19. Question for Shitler
Mon Aug 25, 2025, 09:37 PM
Aug 25

Is beating the crap out of a cop during the insurrection with an American flag mounted on wooden pole and used like a bat as bad as burning it??

PSPS

(14,923 posts)
20. We enact laws by the king's fiat now?
Mon Aug 25, 2025, 09:55 PM
Aug 25

This sideshow, solely to give the MAGA erections, is enough to knock epstein out of the news for a while.

markodochartaigh

(4,014 posts)
25. Exactly.
Mon Aug 25, 2025, 11:23 PM
Aug 25

This isn't about burning, or disrespecting, the US flag. This is about proving that the president's power is superior to the power of the supreme court.

V850i

(112 posts)
21. No need for Congress to make laws
Mon Aug 25, 2025, 11:11 PM
Aug 25

He apparently has that power as well now. No need for a Supreme Court either as they will just jump in and say how high? Why make them go through the process??

Bluetus

(1,544 posts)
23. That isn't how Executive Orders work
Mon Aug 25, 2025, 11:12 PM
Aug 25

EOs are simply instructions to the people that work in any agencies in the executive branch. They don't apply to anybody else.

Trump can order DOJ lawyers to try to prosecute flag-burning cases. But they will be tried under the existing laws and Constitution. Nothing that Trump writes in an EO changes that, even if he uses the biggest Sharpie ever invented.

Martin Eden

(14,887 posts)
26. Is it against the law to wipe your ass with the Constitution?
Mon Aug 25, 2025, 11:23 PM
Aug 25

If so, Trump should be arrested.

moonshinegnomie

(3,638 posts)
27. id love to see a coupl dozen people start buring flags in front of the white house
Mon Aug 25, 2025, 11:33 PM
Aug 25

and in front of mar a lago and in front of every one of his golf courses

fujiyamasan

(679 posts)
29. Anyone remember the days when bad and unconstitutional policy
Tue Aug 26, 2025, 01:09 AM
Aug 26

Was simply the result of bad legislation? Ah how quaint…

Now it’s a one man decree. Next thing you know he’ll be naming the days of the week after his family like the former dictator of Turkmenistan (or another one of those bekki bekki …stans).

twodogsbarking

(15,775 posts)
32. America is supposed to be a country of ideals, not flags, songs or pledges. Many people don't understand "ideals'
Tue Aug 26, 2025, 07:34 AM
Aug 26

because the are MORONS, in red hats with one hand falling off.

BigmanPigman

(53,766 posts)
33. He fondles and caresses American flags on his stages
Tue Aug 26, 2025, 09:24 AM
Aug 26

Isn't THAT offensive? Maybe he is afraid his flag-wearing base will turn on him and burn their flags in protest.

Latest Discussions»Latest Breaking News»Donald Trump issues order...