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Trump ‘took the freedom of speech away’ on flag burning: ‘Could not be more un-American,’ critics say

Trump's order directs prosecution of flag burning when it incites imminent violence despite Supreme Court rulings protecting it as free speech.

  • President Donald Trump, at a White House antifa roundtable, said his administration 'took the freedom of speech away' while defending an August executive order prioritizing flag desecration prosecutions.
  • Supreme Court rulings dating to 1989 establish that flag burning is protected political speech under the First Amendment, but prosecutions may apply if acts involve `imminent lawless action` or `fighting words` under Brandenburg v. Ohio.
  • Public commentators and social users reacted that Wednesday remarks incensed observers and amounted to an assault on the First Amendment, with Dave Hale, conservative political commentator, writing `The one thing Trump is honest about-- his blatant authoritarianism.`
  • The order directs immigration officials to consider revoking visas, residency, or naturalization for foreign nationals who burn flags, while enforcement includes a one-year penalty for inciting riots but executive orders do not change flag burning's legal status.
  • Critics say this admission fits a broader pattern of actions that curb speech, noting Trump asserted his team has `many, many examples` of flag burning inciting violence, a claim lacking documented evidence.
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USA Today broke the news in United States on Wednesday, October 8, 2025.
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