Jed Rubenfeld: Trump’s Flag Order Is Unconstitutional—for Now
Protesters burn an American flag on January 20, 2021 in Denver, Colorado. (Michael Ciaglo via Getty Images)
The president’s new executive order won’t stand. But it’s designed to tempt the justices to reconsider the law itself.
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On Monday, President Donald Trump signed a new executive order titled “Prosecuting Burning of the American Flag.” Under the order, he declared in the Oval Office, “If you burn a flag, you get one year in jail.”
Conservatives seem to be of two minds about this one. “This is brilliant from President Trump,” the Heritage Foundation’s Nile Gardiner posted. “If you burn the American flag and hate America you should also leave America and live somewhere else.”
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