WASHINGTON — Federal authorities arrested a man Monday evening across the street from the White House after he set an American flag on fire. The arrest came the same day President Donald Trump signed an executive order to crack down on flag burning.
What happened
The man, who identified himself as a 20-year combat veteran in a video posted to The Bulwark, ignited the flag in Lafayette Square around 6:15 p.m. “I’m burning this flag as a protest to that illegal fascist president that sits in that House,” he said, pointing toward the White House.
Secret Service officers quickly put out the flames and handed him over to U.S. Park Police. Officials charged him under federal rules that prohibit fires in national parks.
The executive order
Just hours earlier, Trump signed an order telling the Justice Department to seek criminal penalties against people who “desecrate” the American flag. “All over the world they burn the American flag,” Trump said in the Oval Office. “The people in this country don’t want to see our American flag burned and spit on.”
Trump added: “If you burn a flag, you get one year in jail. No early exits, no nothing.”
The order assigns Attorney General Pam Bondi to lead prosecutions of flag desecration cases that cause “harm unrelated to expression.” It also permits referrals to state and local authorities. Importantly, the order pushes DOJ lawyers to challenge the 1989 Supreme Court ruling that protects flag burning as free speech.
The law
In Texas v. Johnson (1989), the Supreme Court ruled that burning the flag is protected by the First Amendment. The court reaffirmed the decision the following year in United States v. Eichman. Ironically, the late Justice Antonin Scalia — a conservative icon often praised by Trump — joined the majority that upheld the right.
Bob Corn-Revere, chief counsel of the Foundation for Individual Rights and Expression, noted: “People can be prosecuted for burning anything in a place where fires are banned. But the government cannot punish protected expressive activity, even if many Americans, including the president, find it ‘uniquely offensive and provocative.’”
What’s next
The veteran’s arrest will likely serve as the first test of Trump’s order. Free speech advocates argue the directive is unconstitutional and sets up a direct clash with the courts.
The Supreme Court, now more conservative than it was in 1989, could be asked to revisit the issue if the Justice Department enforces the president’s directive.
