President Donald Trump's latest executive order, signed on Monday, directs the Department of Justice to enforce existing laws against flag desecration and to explore the boundaries of the First Amendment regarding flag burning. This directive comes in the wake of protests where the American flag was burned, igniting a national conversation about free speech and its limits.
Despite being a figurehead for conservative values, Trump's move has sparked a backlash within his own ranks. Critics argue that, while the act of burning the flag is offensive to many, it is a constitutionally protected form of expression. Notable conservative voices have taken to social media to express their concerns, creating a rare fissure in the otherwise supportive conservative base.
Colin Wright, an evolutionary biologist, took to Twitter, emphasizing that prohibiting flag burning contradicts American values more than the act itself. Similarly, radio hosts Jesse Kelly and Dana Loesch affirmed their support for flag integrity while condemning any governmental restriction on free speech. Erick Erickson, a conservative commentator, and Bonchie, a writer for RedState, labeled the executive order as unconstitutional showmanship.
In contrast, some conservatives have defended Trump's action, interpreting the order's language as narrowly tailored. Podcast host Kira Davis suggested that the order intends to address flag burning in contexts that provoke violence. Ed Whelan of the Ethics and Public Policy Center pointed out the qualifiers in the order that align it with existing laws. Writer Kristen Mag and Chris Rufo, a senior fellow at the Manhattan Institute, further downplayed the controversy, asserting that the order does not pose a threat to free speech.
The White House, through spokesperson Taylor Rogers, defended President Trump's decision as a balance between safeguarding the First Amendment and implementing policies to prevent violence and chaos. The executive order's litigation directive hints at an administration ready to challenge the Supreme Court's 1989 ruling in Texas v. Johnson, which established flag burning as protected symbolic speech.
The order's focus on flag desecration linked to violence or as an accompaniment to other illegal acts suggests an attempt to delineate exceptions to the First Amendment's free speech protections. However, with the Supreme Court's precedent and the conservative outcry, the future of this executive order and its impact on flag desecration laws remain uncertain.
