Maga fury boils over after Donald Trump bans flag-burning

WATCH: Will Nigel Farage follow Donald Trump’s lead on flag burning? Reform UK rising star reacts to President’s executive order

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GB NEWS

Sophie Little

By Sophie Little


Published: 27/08/2025

- 02:17

Free speech activists and the President's own supporters have warned that the ban would only leave more flags being burned

Donald Trump has been criticised by his own supporters for signing an executive order which will see people face one year in jail for burning the American flag.

Signed on Monday, the executive order calls burning the flag a "uniquely offensive and provocative" action.


It also said: "It is a statement of contempt, hostility and violence against our nation - the clearest possible expression of opposition to the political union that preserves our rights, liberty and security."

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Donald Trump

Mr Trump signed the executive order on Monday which calls burning the flag a 'uniquely offensive and provocative' action

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REUTERS

The US President told the Justice Department to bring charges "to the maximum extent permitted by the constitution" against those who desecrate the flag.

He said: "If you burn a flag, you get one year in jail, no early exits, no nothing."

Back in Britain - where another flag row is raging - Reform UK councillor Laila Cunningham told GB News she understood the President's position on the matter.

She also refused to rule out implementing similar laws in the UK under a future Reform Government, saying it was something which would need to be considered carefully.

However, Mr Trump has now received criticism from some conservative commentators regarding the potential breach of freedom of expression.

Laila Cunningham

Reform UK councillor Laila Cunningham told GB News she understood the President's position on the matter

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PA

Dana Loesch, a conservative radio host, wrote on social media: "Flag-burning is vile but the Government has no right to control speech or expression."

Jesse Kelly, a Maga radio host, said: "I would never in a million years harm the American flag... But a president telling me I can't has me as close as I'll ever be to lighting one on fire.

"I am a free American citizen. And if I ever feel like torching on, I will. This is garbage."

Right-wing broadcaster Erick Erickson added on social media: "This actually not brilliant."While I agree with the sentiment, it is unfortunately well settled constitutional law that burning the flag is a matter of free speech and the executive does not get to create crimes."

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A burning US flag

In the Oval Office Mr Trump said: 'If you burn a flag, you get one year in jail, no early exits, no nothing'

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GETTY

While Greg Lukianoff, the CEO of free speech campaign group The Foundation for Individual Rights and Expression explicitly warned the President against his approach.

"I'd like to point out that if Donald Trump would prefer American flags not be burned, the last thing he should do is make burning flags illegal," Mr Lukianoff said.

"Yes, some people will still burn American flags, but that number is going to go up exponentially if you tell Americans what they can't do.

"And, of course, any executive order banning flag burning will be overturned by the Supreme Court, just like laws banning flag burning were overturned in Texas v Johnson in 1989."

In the Texas v Johnson case, the US Supreme Court ruled the flag-burning is a form of expression protected by the First Amendment.

While the order signed by Mr Trump acknowledges this constitutional protection, it is seeking to find avenues to prosecute people within the bounds of the ruling - for example when flag burning leads to incitement to "imminent lawless action".

It is also understood that Attorney General Pam Bondi "may pursue litigation" in order to clarify what possible exceptions to the protection offered by the First Amendment may be.

After Mr Trump signed the order on Monday, a man was arrested for burning an American flag outside the White House.

Video footage showed the man stood in Lafayette Square near the White House as he called the executive order illegal and set fire to the flag.

He was taken into custody - however, his arrest was for violating a law against fires at federal parks, rather than for breaching the executive order.

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