Executive Order No. 14341. Prosecuting Burning of the American Flag

• Executive Order No.: 14341
• Published date: 28 August 2025
• Date: 25 August 2025
• Citation: 90 FR 42127
• Pages: 42127-42128
• Section: Presidential Documents
• Issuer: Executive Office of the President

Presidential Documents

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Federal Register / Vol. 90, No. 165 / Thursday, August 28, 2025 / Presidential Documents

Executive Order 14341 of August 25, 2025

Prosecuting Burning of the American Flag

By the authority vested in me as President by the Constitution and the

laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Our great American Flag is the most sacred and cherished

symbol of the United States of America, and of American freedom, identity,

and strength. Over nearly two-and-a-half centuries, many thousands of Amer-

ican patriots have fought, bled, and died to keep the Stars and Stripes

waving proudly. The American Flag is a special symbol in our national

life that should unite and represent all Americans of every background

and walk of life. Desecrating it is uniquely offensive and provocative. It

is a statement of contempt, hostility, and violence against our Nation—

the clearest possible expression of opposition to the political union that

preserves our rights, liberty, and security. Burning this representation of

America may incite violence and riot. American Flag burning is also used

by groups of foreign nationals as a calculated act to intimidate and threaten

violence against Americans because of their nationality and place of birth.

Notwithstanding the Supreme Court’s rulings on First Amendment protec-

tions, the Court has never held that American Flag desecration conducted

in a manner that is likely to incite imminent lawless action or that is

an action amounting to ‘‘fighting words’’ is constitutionally protected. See

Texas v. Johnson, 491 U.S. 397, 408–10 (1989).

My Administration will act to restore respect and sanctity to the American

Flag and prosecute those who incite violence or otherwise violate our laws

while desecrating this symbol of our country, to the fullest extent permissible

under any available authority.

Sec. 2. Measures to Combat Desecration of the American Flag. (a) The

Attorney General shall prioritize the enforcement to the fullest extent possible

of our Nation’s criminal and civil laws against acts of American Flag desecra-

tion that violate applicable, content-neutral laws, while causing harm unre-

lated to expression, consistent with the First Amendment. This may include,

but is not limited to, violent crimes; hate crimes, illegal discrimination

against American citizens, or other violations of Americans’ civil rights;

and crimes against property and the peace, as well as conspiracies and

attempts to violate, and aiding and abetting others to violate, such laws.

(b) In cases where the Department of Justice or another executive depart-

ment or agency (agency) determines that an instance of American Flag

desecration may violate an applicable State or local law, such as open

burning restrictions, disorderly conduct laws, or destruction of property

laws, the agency shall refer the matter to the appropriate State or local

authority for potential action.

(c) To the maximum extent permitted by the Constitution, the Attorney

General shall vigorously prosecute those who violate our laws in ways

that involve desecrating the American Flag, and may pursue litigation to

clarify the scope of the First Amendment exceptions in this area.

(d) The Secretary of State, the Attorney General, and the Secretary of

Homeland Security, acting within their respective authorities, shall deny,

prohibit, terminate, or revoke visas, residence permits, naturalization pro-

ceedings, and other immigration benefits, or seek removal from the United

States, pursuant to Federal law, including 8 U.S.C. 1182(a), 8 U.S.C. 1424,

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Federal Register / Vol. 90, No. 165 / Thursday, August 28, 2025 / Presidential Documents

8 U.S.C. 1427, 8 U.S.C. 1451(c), and 8 U.S.C. 1227(a), whenever there has

been an appropriate determination that foreign nationals have engaged in

American Flag-desecration activity under circumstances that permit the exer-

cise of such remedies pursuant to Federal law.

Sec. 3. Severability. If any provision of this order, or the application of

any provision to any person or circumstance, is held to be invalid, the

remainder of this order and the application of its provisions to any other

persons or circumstances shall not be affected thereby.

Sec. 4. General Provisions. (a) Nothing in this order shall be construed

to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency,

or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and

subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit,

substantive or procedural, enforceable at law or in equity by any party

against the United States, its departments, agencies, or entities, its officers,

employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Department

of Justice.

THE WHITE HOUSE,

August 25, 2025.

[FR Doc. 2025–16616

Filed 8–27–25; 11:15 am]

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