WASHINGTON – A U.S. Army veteran was taken into custody in front of the White House on Monday after burning a flag in protest of one of President Donald Trump’s latest executive order.
The order states that burning the American Flag is now an offense that can be prosecuted, with the White House saying that, “Burning this representation of America may incite violence and riot.”
What they’re saying:
The Trump administration released the order on Monday, Aug. 25.
“Our great American Flag is the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength,” the order reads. “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.”
The order goes on to claim that “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.”
What we know:
In the hours following, protester Jay Carey, a retired Army combat veteran and Bronze Star recipient who served for 22 years, joined a demonstration outside the White House.
Carey is seen on video in front of an American flag doused with an accelerant, preparing to light the flag on fire. He argued that Trump’s order is a clear violation of the First Amendment, which guarantees the right to free exercise of speech, assembly and petition.
“It’s your First Amendment right to burn the American Flag!” Carey said, speaking on a megaphone. “No president can make a law. Period! No Congress can make a law infringing on First Amendment rights.”
“I’m burning this flag as a protest of that illegal, fascist president that sits in that house,” Carey said, lighter in hand, while pointing at the White House.
Carey then lit the flag on fire.
“I’m doing it for every single one of you American citizens,” he went on to say. “We burn this flag in protest of that president, who thinks he can do whatever he wants, make whatever law he wants!”
The video then shows Carey being led away from the scene and then detained by Secret Service agents.
Big picture view:
The Trump administration has released a slew of executive orders in the months since the president took office. According to the Federal Register, the president has signed 191 orders.
An executive order is a directive from the president. Executive orders are not legislation and they require no approval from Congress. Additionally, Congress cannot overturn them—only a sitting president can overturn an existing order, by issuing another executive order to that effect.
Executive orders cannot override federal laws and statutes, but they can require the federal government to take any steps within the constitutional authority of the Executive Branch to achieve its goal.
The U.S. Supreme Court has repeatedly ruled that flag burning is protected under the First Amendment. The most notable case on the matter is 1989’s Texas v. Johnson in which the court ruled 5-4 that flag burning is a form of “symbolic speech.”
