What the Executive Order Says (August 25, 2025)
1. Not a blanket ban—but a targeting strategy.
President Trump did not outlaw flag burning outright. Instead, the order directs the Attorney General to prioritize enforcement of existing, content-neutral laws—such as those against disorderly conduct, property damage, or public safety violations—when an act of desecration occurs alongside other infractions.
2. No claim of absolute unconstitutionality.
The White House emphasizes enforcement only when desecration also causes harms unrelated to protected expression—like incitement of violence—or falls under “imminent lawless action” or “fighting words” exceptions to the First Amendment.
3. Foreign nationals face immigration consequences.
Non-citizens who desecrate the flag may face visa revocation, denial of immigration benefits, or deportation.