In a new executive order, President Trump is calling for those who burn the American flag to be investigated and potentially even prosecuted.

The order charges the Department of Justice with investigating instances of flag burning, and where there is criminal activity where prosecution would not fall afoul of the First Amendment, instructs the Department of Justice to prosecute those who are engaged in these instances of flag burning.

Dr. Jeff Bloodworth, Erie News Now political contributor, explained that the issue was previously put in front of the U.S. Supreme Court back in 1989, in Texas v. Johnson, when the Court ruled 5-4 that burning the flag is protected by the First Amendment.

Retired U.S. Army First Sergeant Brian Fuller said while he is not a fan of people burning the American flag, he did defend the right for people to do so and believes prosecution should be determined by where the burning of the flag takes place.

The full executive order can be found here:

https://www.whitehouse.gov/presidential-actions/2025/08/prosecuting-burning-of-the-american-flag/