Members of the Communist Party USA and other anti-fascist groups burn an American flag on the steps of the Colorado State Capitol on Jan. 20, 2021, in Denver, Colorado. (Michael Ciaglo/Getty Images)
The executive order itself stopped short of creating new penalties, directing the Justice Department to prioritize cases under existing laws "to the maximum extent permitted by the Constitution."
Supreme Court rulings in Texas v. Johnson (1989) and United States v. Eichman (1990) held that flag burning is protected speech. Trump’s statement goes further, setting up potential legal battles if arrests are pursued.
JONATHAN TURLEY: TRUMP'S BOLD FLAG-BURNING CRACKDOWN SETS UP BIG FIGHT DOWN THE ROAD
Agitators burn an American flag during a DNC protest in Chicago, Illinois, on Thursday, Aug. 22, 2024. (Fox News Digital)
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The Department of Justice did not immediately respond to Fox News Digital's request for comment.
Jasmine Baehr is a Breaking News Writer for Fox News Digital, where she covers politics, the military, faith and culture.
https://www.foxnews.com/politics/trump-says-american-flag-burners-immediately-arrested-under-executive-order