The Free Press
NewslettersSign InSubscribe
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.
By Jed Rubenfeld
08.26.25 — U.S. Politics
--:--
--:--
Upgrade to Listen
Produced by ElevenLabs using AI narration
314
195
READ IN APP

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.”

Subscribe to Unlock This Story
Support fearless journalism and unlock all of The Free Press—your first week is on us.
Annual
$8.33/month
Billed as $100 yearly
Save $20!
Monthly
$10/month
Billed as $10 monthly
Already have an account?
Sign In
To read this article, sign in or start your free trial
Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Donald Trump
Free Speech
Law
America
Comments
Join the conversation
Share your thoughts and connect with other readers by becoming a paid subscriber!
Already a paid subscriber? Sign in

No posts

For Free People.
LatestSearchAboutCareersShopPodcastsVideoEvents
Download the app
Download on the Google Play Store
©2026 The Free Press. All Rights Reserved.Powered by Substack.
Privacy∙Terms∙Collection notice