Prosecuting Burning of the American Flag

Executive Order 14341 of August 25, 2025

Prosecuting Burning of the American Flag

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered:

Section 1. Purpose. Our great American Flag is the most
sacred and cherished symbol of the United States of
America, and of American freedom, identity, and
strength. Over nearly two-and-a-half centuries, many
thousands of American patriots have fought, bled, and
died to keep the Stars and Stripes waving proudly. The
American Flag is a special symbol in our national life
that should unite and represent all Americans of every
background and walk of life. Desecrating it is uniquely
offensive and provocative. 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. Burning this representation of America may
incite violence and riot. American Flag burning is also
used by groups of foreign nationals as a calculated act
to intimidate and threaten violence against Americans
because of their nationality and place of birth.

Notwithstanding the Supreme Court's rulings on First
Amendment protections, the Court has never held that
American Flag desecration conducted in a manner that is
likely to incite imminent lawless action or that is an
action amounting to “fighting words” is
constitutionally protected. See Texas v. Johnson, 491
U.S. 397, 408-10 (1989).

My Administration will act to restore respect and
sanctity to the American Flag and prosecute those who
incite violence or otherwise violate our laws while
desecrating this symbol of our country, to the fullest
extent permissible under any available authority.

Sec. 2. Measures to Combat Desecration of the American
Flag. (a) The Attorney General shall prioritize the
enforcement to the fullest extent possible of our
Nation's criminal and civil laws against acts of
American Flag desecration that violate applicable,
content-neutral laws, while causing harm unrelated to
expression, consistent with the First Amendment. This
may include, but is not limited to, violent crimes;
hate crimes, illegal discrimination against American
citizens, or other violations of Americans' civil
rights; and crimes against property and the peace, as
well as conspiracies and attempts to violate, and
aiding and abetting others to violate, such laws.

    (b) In cases where the Department of Justice or
another executive department or agency (agency)
determines that an instance of American Flag
desecration may violate an applicable State or local
law, such as open burning restrictions, disorderly
conduct laws, or destruction of property laws, the
agency shall refer the matter to the appropriate State
or local authority for potential action.
    (c) To the maximum extent permitted by the
Constitution, the Attorney General shall vigorously
prosecute those who violate our laws in ways that
involve desecrating the American Flag, and may pursue
litigation to clarify the scope of the First Amendment
exceptions in this area.
    (d) The Secretary of State, the Attorney General,
and the Secretary of Homeland Security, acting within
their respective authorities, shall deny, prohibit,
terminate, or revoke visas, residence permits,
naturalization proceedings, and other immigration
benefits, or seek removal from the United States,
pursuant to Federal law, including 8 U.S.C. 1182(a), 8
U.S.C. 1424,

8 U.S.C. 1427, 8 U.S.C. 1451(c), and 8 U.S.C. 1227(a),
whenever there has been an appropriate determination
that foreign nationals have engaged in American Flag-
desecration activity under circumstances that permit
the exercise of such remedies pursuant to Federal law.

Sec. 3. Severability. If any provision of this order,
or the application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any
other persons or circumstances shall not be affected
thereby.

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
    (d) The costs for publication of this order shall
be borne by the Department of Justice.

    (Presidential Sig.)

THE WHITE HOUSE,

    August 25, 2025.