Prosecuting Burning of the American Flag

Order 14341 directs agencies to find ways, within the confines of First Amendment jurisprudence, to prosecute those who burn the American flag under applicable federal laws. The order also directs that should a federal agency determine that a flag burning incident “…may violate an applicable State or local law, such as open burning restrictions, disorderly conduct laws, or destruction of property laws, the agency shall refer the matter to the appropriate State or local authority for potential action.”

Federal Register :: Prosecuting Burning of the American Flag

August 25, 2025