Punish Burning of the American Flag
Current Status: FalteringAs of
@realDonaldTrump tweet, November 2016:
Nobody should be allowed to burn the American flag - if they do, there must be consequences - perhaps loss of citizenship or year in jail!— Donald J. Trump (@realDonaldTrump) November 29, 2016
A 1989 Supreme Court decision, Texas v. Johnson, said burning the flag is a protest protected by the First Amendment. Among those voting with the court majority in that case was the late Justice Antonin Scalia, who died in February, and whom Trump has repeatedly cited as a model for the kind of justice he would appoint to the nation's highest court.
While mostly quiet on the subject during the first few years of his presidency, Trump revived the idea of flag burning legislation during the 2020 campaign amidst the chaos of the George Floyd protests. The promise from 2016 was renewed for his 2020 campaign but with no specific actions taken.