{"id":132043,"date":"2025-08-26T14:40:53","date_gmt":"2025-08-26T22:40:53","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/08\/26\/trump-steps-on-texas-v-johnson-tries-to-make-flag-burning-a-criminal-offense\/"},"modified":"2025-08-26T14:40:53","modified_gmt":"2025-08-26T22:40:53","slug":"trump-steps-on-texas-v-johnson-tries-to-make-flag-burning-a-criminal-offense","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/08\/26\/trump-steps-on-texas-v-johnson-tries-to-make-flag-burning-a-criminal-offense\/","title":{"rendered":"Trump Steps On Texas v. Johnson, Tries To Make Flag Burning A Criminal Offense"},"content":{"rendered":"

After closely reading the Constitution, the Supreme Court informed us that the speech the First Amendment protects comes in many modes. Speech may look like an arm band worn to protest a war (Tinker v. Des Moines<\/em>). Speech might even look like corporations throwing a bunch of money at their preferred candidates (Citizens United v. FEC<\/em>). Hell, Speech might even pop up as something morally objectionable of unsavory like burning the American Flag (Texas v. Johnson<\/em>). But does any of that matter if the President decides to handwave away silly things like \u201cbinding precedent\u201d or judicial review? Well no, so long as you do a little lipservice and pretend as if the Court would be cool with his carve out anyway. This is straight from the White House:<\/p>\n

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Burning [the American Flag] may incite violence and riot\u2026Notwithstanding the Supreme Court\u2019s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to \u201cfighting words\u201d is constitutionally protected.\u00a0 See Texas v. Johnson<\/em>, 491 U.S. 397, 408-10 (1989).<\/p>\n

My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.<\/p>\n<\/blockquote>\n

\u201cMay\u201d is doing a lot of work here \u2014 many things ranging from parking spot competition<\/a> to an Eagles Superbowl<\/a> win \u201cmay\u201d incite violence and\/or riot. Will there be legal consequences for a hearty \u201cE-A-G-L-E-S EAGLES!\u201d yell at AT&T Stadium? Things don\u2019t suddenly amount to \u201cfighting words\u201d just because you imagine some eggshell crowd member whose world will upend if he hears love for the wrong team or if kerosene and sparks burn some \u201cMade In China\u201d Americana \u2014 which applies just as well to a football jersey or the Stars and Stripes. Our day to day is so warped by the Culture War that damn near anything can be framed as affirming or desecrating our country. Just earlier this year, wearing masks for public safety or not was discussed on the level of choosing liberty or death:<\/p>\n

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Yeah, we didn’t comply the first time here in Texas, and we won’t be this or any other time either. They know where they can stick their masks\u2026 \ud83e\udd74\ud83d\ude05 pic.twitter.com\/Sv4s1N80OS<\/a><\/p>\n

\u2014 HW Helser (@HW_Helser) January 3, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

How far is the administration from deciding that mask wearing \u2014 unless it\u2019s an ICE agent, naturally \u2014 is just as unAmerican as flag burning or not investing in TrumpCoin, tacitly blessing whenever some rando gets so mad about it that they start punching people? Because something as simple as mask wearing is already being treated as \u201cfighting words\u201d by some:<\/p>\n

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Fortunately, we won\u2019t have to wait long to see how game changing this decree will be for the right to protest \u2014 a veteran has already burned an American flag in front of the White House to spite the order:<\/p>\n

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\ud83d\udea8BREAKING: A veteran was just arrested outside the White House for burning the American flag.<\/p>\n

In 1989, the Supreme Court ruled flag burning is protected speech under the First Amendment.<\/p>\n

Trump\u2019s crackdown doesn\u2019t override the Constitution, it violates it.<\/p>\n

If we\u2019re locking up\u2026 pic.twitter.com\/HPfoHHW8P5<\/a><\/p>\n

\u2014 Brian Allen (@allenanalysis) August 25, 2025<\/a><\/p><\/blockquote>\n<\/div>\n<\/figure>\n

ps:<\/span>Let\u2019s see how strong whatever is left of speech protections actually is.<\/p>\n

PROSECUTING BURNING OF THE AMERICAN FLAG <\/a>[Whitehouse.gov]<\/p>\n

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Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord\u2122 in the Facebook group\u00a0Law School Memes for Edgy T14s . \u00a0He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim,\u00a0is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at\u00a0cwilliams@abovethelaw.com <\/a>and by tweet at\u00a0@WritesForRent<\/a>.<\/strong><\/p>\n

The post Trump Steps On Texas v. Johnson, Tries To Make Flag Burning A Criminal Offense<\/a> appeared first on Above the Law<\/a>.<\/p>\n

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After closely reading the Constitution, the Supreme Court informed us that the speech the First Amendment protects comes in many modes. Speech may look like an arm band worn to protest a war (Tinker v. Des Moines<\/em>). Speech might even look like corporations throwing a bunch of money at their preferred candidates (Citizens United v. FEC<\/em>). Hell, Speech might even pop up as something morally objectionable of unsavory like burning the American Flag (Texas v. Johnson<\/em>). But does any of that matter if the President decides to handwave away silly things like \u201cbinding precedent\u201d or judicial review? Well no, so long as you do a little lipservice and pretend as if the Court would be cool with his carve out anyway. This is straight from the White House:<\/p>\n

\n

Burning [the American Flag] may incite violence and riot\u2026Notwithstanding the Supreme Court\u2019s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to \u201cfighting words\u201d is constitutionally protected.\u00a0 See Texas v. Johnson<\/em>, 491 U.S. 397, 408-10 (1989).<\/p>\n

My Administration will act to restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.<\/p>\n<\/blockquote>\n

\u201cMay\u201d is doing a lot of work here \u2014 many things ranging from parking spot competition<\/a> to an Eagles Superbowl<\/a> win \u201cmay\u201d incite violence and\/or riot. Will there be legal consequences for a hearty \u201cE-A-G-L-E-S EAGLES!\u201d yell at AT&T Stadium? Things don\u2019t suddenly amount to \u201cfighting words\u201d just because you imagine some eggshell crowd member whose world will upend if he hears love for the wrong team or if kerosene and sparks burn some \u201cMade In China\u201d Americana \u2014 which applies just as well to a football jersey or the Stars and Stripes. Our day to day is so warped by the Culture War that damn near anything can be framed as affirming or desecrating our country. Just earlier this year, wearing masks for public safety or not was discussed on the level of choosing liberty or death:<\/p>\n

How far is the administration from deciding that mask wearing \u2014 unless it\u2019s an ICE agent, naturally \u2014 is just as unAmerican as flag burning or not investing in TrumpCoin, tacitly blessing whenever some rando gets so mad about it that they start punching people? Because something as simple as mask wearing is already being treated as \u201cfighting words\u201d by some:<\/p>\n