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Reason
Reason
Politics
Robby Soave

Trump's Executive Order Prohibiting Flag Burning Is Unconstitutional

President Donald Trump issued an executive order prohibiting the burning of the American flag on Monday. There's a big problem with the order, though—one that Trump even acknowledged in his press conference touting the E.O. Flag burning is clearly protected by the First Amendment, and the Supreme Court has twice affirmed that this is so.

Moreover, any administration that purports to care about freedom of speech should easily reach the conclusion that criminalizing provocative yet nonviolent acts of political expression is a violation of this principle, even if the constitutional issue was not so cut and dry.

It's understandable why people don't like flag burning. The flag is a visual representation of the principles upon which America was founded, and when it's disrespected, many Americans take it as a sign that those values are being treated with contempt.

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