Should Protesters Be Jailed for Burning the American Flag? Trump Weighs In.

President Donald Trump on Tuesday called for jailing protesters for burning the American flag during a rally in Fort Bragg, North Carolina.

The president was discussing the anti-ICE riots in Los Angeles, California, in which protesters burned American flags in opposition to his administration’s immigration policies. Trump noted that the protesters “proudly carry the flags of other countries, but they don’t carry the American flag. They only burn it.”

“People that burned the American flag should go to jail for one year,” Trump asserted. “That’s what they shoudl be doing. And we’ll see if we can get that done…we’re working with some of your senators.”

The president stated that Sen. Josh Hawley (R-MO) “is very much involved” in trying to craft legislation to this effect.

🚨 #BREAKING: President Trump announces he will be supporting legislation to jail people for a mandatory ONE YEAR for burning the American flag in the street

We’ve now seen illegals do this MULTIPLE times in Los Angeles over the past several days.

ALL patriots should support… pic.twitter.com/5tkjsvFXHF
— Nick Sortor (@nicksortor) June 10, 2025

President Trump reiterated this idea during an interview with podcaster Miranda Devine. “I happen to think if you burn an American flag — because they were burning a lot of flags in Los Angeles — I think you go to jail for one year. Just automatic,” he said.

Trump has argued this position several times in the past — especially on the campaign trail. The reactions to his argument were mostly negative — even from his supporters. Sen. Hawley wrote a post on X in which he concurred with the idea, saying “anyone who burns our flag committing a crime should go to jail — double the sentence.”

Absolutely. Burning the American flag isn’t protest, it’s disgrace. One year in jail sends the right message: this nation is worth respecting. Trump understands that symbolism matters, and when the left openly trashes the flag, they’re trashing everything America stands for.…
— Noah Christopher (@DailyNoahNews) June 10, 2025

The Supreme Court in 1989 ruled that flag burning is protected under the First Amendment in the case of Texas v. Johnson. In a 5-4 decision, the Court affirmed that Gregory Lee Johnson’s act of burning a flag during a protest at the 1984 Republican National Convention was “symbolic speech” that the Constitution protects.

Chief Justice William Rehnquist dissented, arguing that the flag has a unique status as a symbol of national unity. Conversely, Justice Antonin Scalia agreed with the ruling despite opposing the burning of the flag on Constitutional grounds. “If it were up to me, I would put in jail every sandal-wearing, scruffy-bearded weirdo who burns the American flag, but I am not king,” he wrote.