Flag burning has long been one of the Supreme Court’s clearest rulings on free speech.
Donald Trump’s latest executive order seeks to get around this precedent by tying the act to incitement, one of the few legally feasible mechanisms for limiting speech based on its content. It’s a move as dangerous as it is cynical—using executive authority not to protect the Constitution, but to sidestep it, and in the process weaken one of the bedrock principles of American democracy.
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