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Trump’s Blast of Hot Air on Flag Burning

Walter Olson

So far as I can see, Trump’s Executive Order today denouncing flag burning is a legal nothingburger.

Under the Supreme Court’s 1989 decision in Texas v. Johnson, famously joined by Justice Antonin Scalia, the First Amendment does not permit laws generally banning burning or other desecration of the American flag. Trump can’t himself nullify or overturn that p