By Pax Bilinski / News & Opinion editor and Sam Neidlinger / Staff writer
Flag burning has always been a part of American history.
Union soldiers burned the flag during the Civil War. Anti-Vietnam war protestors burned the flag in front of a state house in Boston. Similarly, protestors in 2002 burned the flag to protest war in Washington, D.C. There is a trend of citizens burning the American flag to challenge the actions of our government.
Flag burning has always been protected under the First Amendment. In Texas v. Johnson, Gregory Johnson was arrested for burning the American flag and went to the Supreme Court on the ruling. The Supreme Court decided five to four that flag burning was protected.
However, this is not the first time the government has argued with the people on flag burning. The same year Texas v. Johnson was held (1989), Congress tried to ban flag burning at the national level, but the Supreme Court argued that it was free speech and struck down the decision.
The new executive order, “Prosecuting Burning of the American Flag,” signed by President Donald Trump, targets protestors, immigrants, and anybody who doesn’t follow the MAGA rhetoric. The executive order can be found on the official White House website.
In the order, it goes on and on about what will happen to an immigrant if they burn the flag, but never mentions an American-born citizen besides to say that Texas v. Johnson was stupid.
According to the executive order, “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 proceedings, and other immigration benefits, or seek removal from the United States…”
Essentially, if you are caught protesting the government as someone who has a visa, residence permits, or uses immigration benefits, you could have all of that revoked and be deported from the United States.
According to the order, “Notwithstanding the Supreme Court’s rulings on First Amendment protections, 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.”
They say “notwithstanding the Supreme Court’s ruling” on the First Amendment protection that is protesting the actions of the government if the people don’t agree with it. They’re saying that Texas v. Johnson doesn’t apply to this order.
The only mention of an American-born resident being persecuted is the Texas v. Johnson case.
It’s safe to assume that the majority of non-MAGA followers are minorities. Minorities that possibly have immigration benefits, visas, or anything else this executive order says that they can take away.
This targets not only non-MAGA followers and immigrants, but also protestors. If flag burning now equals “fighting words” in the eyes of the government, what else will soon be outlawed in the United States? Our government preaches free speech only when it is convenient.