President Trump signed an executive order on Monday to enable the prosecution of those who burn the American flag. This order creates potential tension with a landmark Supreme Court (SCOTUS ) ruling from 1989, which classed flag burning as expressive conduct protected by the First Amendment .

The order characterized flag burning as “a statement of contempt, hostility, and violence against our Nation,” which “may incite violence and riot.” It further stated that flag burning is “used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans,” who could face visa revocation and deportation.

Referencing SCOTUS rulings on the First Amendment, the order suggested that prosecution would not contravene precedent as flag burning designed to “i

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