People hold Mexican flags and gesture next to a car in flames following multiple detentions by Immigration and Customs Enforcement (ICE), in the Los Angeles County city of Paramount, California, U.S., Jun. 7, 2025. (REUTERS/Barbara Davidson)
Trump also said this week during a speech in Fort Bragg, North Carolina, that he was working with Congress to pass a law that would outlaw burning American flags, noting Sen. Josh Hawley, R-Mo., was on board.
"We’ll see if we can get that done," Trump said.
Hawley responded by proposing a bill on Thursday that would create stiffer penalties for rioters who burned American flags. The proposed legislation included the stipulation that the flag burning had to occur while the offender was also committing riot-related crimes. Hawley called the American flag a "symbol of our nation."
In a landmark decision in 1989, the Supreme Court concluded that states could not pass laws that criminalize American flag burning, saying it would open the door to prohibiting the burning of state flags and copies of the presidential seal or Constitution.
UTAH BANS LGBTQ+ PRIDE FLAGS, MAGA FLAGS, OTHER UNAPPROVED FLAGS IN GOVERNMENT BUILDINGS, SCHOOLS
Senator Josh Hawley, a Republican from Missouri, speaks to members of the media during a vote at the US Capitol in Washington, DC, US, on Monday, Jun. 2, 2025. Significant changes are in store for President Donald Trump's signature $3.9 trillion tax-cut bill as the Senate begins closed-door talks this week on legislation that squeaked through the House by a single vote. (Al Drago/Bloomberg via Getty Images)
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"Millions and millions of Americans regard it with an almost mystical reverence regardless of what sort of social, political, or philosophical beliefs they may have," Renquist wrote.
Congress responded to the decision by passing a law called the Flag Protection Act that made knowingly desecrating the American flag a federal crime, but the Supreme Court struck down that law, too.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/trumps-renewed-calls-jail-american-flag-burners-clashes-court-precedent