President Donald Trump’s new executive order on prosecuting flag-burning is likely to be upheld in the courts — only because it is narrowly tailored to target other crimes, not the mere burning of the flag in protest.
The U.S. Supreme Court upheld the First Amendment right to burn the American flag in Texas v. Johnson (1989), and overturned a subsequent statutory ban in U.S. v. Eichman (1990). President George H.W. Bush then proposed a constitutional amendment to ban flag-burning, which went nowhere.
President Trump has made no secret of the fact that he would like to outlaw flag-burning. But the text of his new executive order is much less…
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