Trump Says One Year in Prison for Burning the American Flag Under New Executive Order: The Ben Shapiro Show

This Monday, President Donald Trump issued an Executive Order prohibiting the burning of the American flag, and then said he would support a minimum penalty of one year in prison for the violation. Ben Shapiro discussed the new Executive Order from Trump and examined whether American flag burning is protected by the First Amendment or considered an incitement to violence.

Shapiro cites the 1989 Texas v. Johnson Supreme Court decision, which determined that burning the American flag is protected by the First Amendment and cannot be prosecuted. Shapiro stated, "The ruling contradicts centuries of American precedent; it is a poor decision... the First Amendment was not intended to protect flag burning." President Trump's Executive Order circumvents the 1989 ruling, claiming that flag burning incites violence and thus does not fall under First Amendment protection. Shapiro highlighted the hypocrisy of the left, noting that they would advocate for prosecuting individuals who burn or deface "progress flags" as a hate crime, yet argue that defacing the American flag is protected by the First Amendment.