No, it is not illegal to burn the American flag in the United States. Well, you can technically get in trouble for doing this if you’re breaking any other law while at it. But other than that, you pretty much have the First Amendment protecting your right to expression and speech, so you can do that, but it is the moral question whether you should go do it or not.
Why Do People Burn the Flag?
Flag burning in the United States is not something new; it has been going on for a long time. Typically, people do it to express their disagreement through a protest, a demonstration, or just to get their message across. Historical-wise, it was already happening through the Civil War, the times of the First World War, and later on, the Vietnam War era in the 60s and 70s when flag burning was widespread.
At that time, a great number of states had different laws that banned the desecration of the flag. In 1968, the federal authorities also enacted the Flag Protection Act. Nearly all the states had different laws prohibiting burning the flag by the end of the 1980s. Nevertheless, a significant change took place in 1989, and that altered all the things.
What Did the Supreme Court Decide?
Gregory Lee Johnson set fire to the U.S. flag at a demonstration in Texas in 1989. He was caught by the police. However, he did not simply reject the accusations but rather he confronted them with the help of the Supreme Court, where the case eventually went.
The Court decided in Texas v. Johnson by 5-4 that the First Amendment protects the act of burning a flag as free speech. So, the government would still not be able to prohibit flag desecration simply because the act is offensive to someone, even if a majority of people were to dislike it or consider it disrespectful.
After a year, Congress made another attempt to enact legislation that would make the desecration of the flag a criminal offense. However, the Supreme Court nullified the appeal in 1990 as well.
What Happened with Trump’s Executive Order in 2025?
In August 2025, 47th President Donald Trump signed out a fresh executive order concerning flag desecration. The order stated that flag burning might be considered an insult or threat, with the possibility of triggering violence or riots. The order went on to authorize the Department of Justice to find the methods for being able to intervene, particularly in instances when other statutes are violated during such demonstrations.
The ban was not only aimed at citizens but also at foreigners. The document said that a person who is on a visa or going to the US to obtain citizenship and commits flag burning may have their immigration status changed, such as the cancellation of their visa or removal from the country.
All in all, flag burning as a form of protest is a legal act and the First Amendment has got the person’s back. However, if someone were to start a fire just to burn the flag or in any way destroy public property or in any other way cause harm to the general public, then legal actions can be taken against this person.
