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August 25, 2025
Prosecuting Burning of the American Flag: EO 14241
PolicyFreedom of expressionMigrants' rightsRacial justiceRight to assembly and protestParties affected: All cultural institutions and immigrant artists
ViewOn August 25, 2025, President Trump signed Executive Order 14341, titled “Prosecuting Burning of the American Flag,” directing the Department of Justice to prioritize prosecution of flag desecration when it coincides with violations of existing federal, state, or local laws, and instructing the Attorney General to pursue litigation to challenge First Amendment protections established in Texas v. Johnson (1989). The order also directs the State Department and Department of Homeland Security to deny, revoke, or terminate visas, residence permits, and naturalization proceedings for foreign nationals who engage in flag desecration. While the order focuses on protest activity, its broad language regarding “flag desecration” and targeting of foreign nationals could create a chilling effect on symbolic and artistic expression, particularly among immigrant artists and cultural workers engaging in political or protest-themed work. Civil liberties organizations immediately challenged the order as unconstitutional selective enforcement of protected speech.