Despite what president-elect Trump now thinks, burning and desecrating the United States flag is completely legal. On Tuesday, November 29, president elect Trump tweeted out that he believed people who burn the flag should lose their citizenship and face a year in prison. Could he ever make that happen?
Fortunately, the First Amendment protects flag burners, and the United States Supreme Court has confirmed the same. While there have been numerous attempts over the years to prohibit flag burning, none have been successful as the Supreme Court returns to the First Amendment protections and explains that burning the flag or desecrating the flag is an act of symbolic speech.