Flag-Burning Is Still Legal — So Why Is Trump Pretending It’s Not? episode artwork

EPISODE · Sep 4, 2025 · 58 MIN

Flag-Burning Is Still Legal — So Why Is Trump Pretending It’s Not?

from The Politics of New America · host Haunted Mouse Productions

In a showcase of the limits of presidential power, Trump's executive order titled: "Prosecuting the Burning of The American Flag" does nothing of the sort, as flag burning is a constitutionally protected form of protest. The document descends into absurdity as it pushes the Department of Justice to find other crimes to charge flag burners with. Join us for a discussion on what, if anything, this executive order actually does and a look at the unintentionally humorous history of attempts to criminalize flag burning in the US. In the second half of the show, we check in on the immigration file after a Pew Research report that shows more than a million immigrants left the US since Trump took office. Episode Breakdown:- Flag-burning EO ≠ ban: Trump’s executive order can’t criminalize flag burning—First Amendment still protects it.- What it does do: Tells DOJ to target other crimes (e.g., incitement) that occur while someone desecrates a flag—symbolic, not substantive.- Trial balloon? Why this EO may be a test to push courts to revisit long-standing free-speech rulings.- Enforcement surge: Deportations and detentions are up; daily arrests rising even as official quotas lag.The Politics of New America explores and explains the actions of the United States federal government in this era of radical change. 🎧 Full episode on YouTube, Spotify + Apple: https://linktr.ee/politicsofnewamerica **Get one month free of Leverage Assistant** → https://www.leverageassistants.com?via=hauntedmouseSubscribe for more sharp political analysis.

In a showcase of the limits of presidential power, Trump's executive order titled: "Prosecuting the Burning of The American Flag" does nothing of the sort, as flag burning is a constitutionally protected form of protest. The document descends into absurdity as it pushes the Department of Justice to find other crimes to charge flag burners with. Join us for a discussion on what, if anything, this executive order actually does and a look at the unintentionally humorous history of attempts to criminalize flag burning in the US. In the second half of the show, we check in on the immigration file after a Pew Research report that shows more than a million immigrants left the US since Trump took office. Episode Breakdown:- Flag-burning EO ≠ ban: Trump’s executive order can’t criminalize flag burning—First Amendment still protects it.- What it does do: Tells DOJ to target other crimes (e.g., incitement) that occur while someone desecrates a flag—symbolic, not substantive.- Trial balloon? Why this EO may be a test to push courts to revisit long-standing free-speech rulings.- Enforcement surge: Deportations and detentions are up; daily arrests rising even as official quotas lag.The Politics of New America explores and explains the actions of the United States federal government in this era of radical change. 🎧 Full episode on YouTube, Spotify + Apple: https://linktr.ee/politicsofnewamerica **Get one month free of Leverage Assistant** → https://www.leverageassistants.com?via=hauntedmouseSubscribe for more sharp political analysis.

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Flag-Burning Is Still Legal — So Why Is Trump Pretending It’s Not?

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This episode was published on September 4, 2025.

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In a showcase of the limits of presidential power, Trump's executive order titled: "Prosecuting the Burning of The American Flag" does nothing of the sort, as flag burning is a constitutionally protected form of protest. The document descends into...

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