
Prosecutions Under New "Prosecuting Burning of the American Flag" Executive Order Would Violate First Amendment
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Aug 25, 2025, 4:05 pm87 pts[1.] The order doesn't purport to cover all flag desecration, presumably recognizing that the Supreme Court has held that flag desecration as such can't be banned. See, e.g., Texas v. Johnson (1989); U.S. v. Eichman (1990). Rather, it covers desecration that violates "applicable, content-neutral…
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