Prosecuting Burning Of The American Flag

The American Flag is a vital symbol of U.S. identity, freedom, and strength, deserving of respect and unity among all Americans.

Desecrating the Flag is viewed as an act of contempt and can incite violence and hostility towards the nation.

The Supreme Court has not protected flag desecration that incites imminent lawless actions or constitutes “fighting words.”

The Administration will work to prosecute individuals who desecrate the Flag in a manner that violates laws and incites violence.

Attorney General Actions:

• Prioritize enforcement against flag desecration under applicable criminal and civil laws.
• Focus on related violent crimes, hate crimes, discrimination, and property violations.
• Refer violations of state or local laws to appropriate authorities.

Prosecution Guidelines:

• Prosecute individuals involved in flag desecration that violates laws to the fullest extent permissible.
• Pursue litigation to define exceptions to First Amendment protections regarding flag desecration.

Immigration Measures:

• Foreign nationals involved in flag desecration may face visa denials, terminations, or deportations under federal law.

General Provisions:

• If any part of the order is invalidated, the remaining provisions will still apply.
• The order does not affect the authority of executive departments or create enforceable rights against the U.S. or its entities.
• Implementation must align with applicable laws and budget appropriations.