A man was arrested outside the White House after burning an American flag in protest of President Donald Trump’s new executive order targeting flag desecration, as reported by The Western Journal.
Jay Carey, a retired U.S. Army veteran who served 22 years and earned the Bronze Star, set fire to a flag in front of the White House only hours after Trump signed the order.
Carey said the president’s action violated the First Amendment and Supreme Court rulings that have previously upheld flag burning as a form of protected speech.
“It’s your First Amendment right to burn the American Flag!” Carey said. “No president can make a law. Period! No Congress can make a law infringing on First Amendment rights.”
Carey was taken into custody by the Secret Service shortly after declaring, “Nobody will enforce those illegal laws that that president tried to make.”
This is replacing a previous post: A Veteran was detained outside of the White House by Secret Service after burning an American flag. pic.twitter.com/kXL5gPc2aj
— The Bulwark (@BulwarkOnline) August 26, 2025
Trump’s order, issued earlier Monday, framed a legal argument around flag desecration and the limits of First Amendment protection.
“Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to ‘fighting words’ is constitutionally protected,” the order stated.
The president said the measure was intended to “restore respect and sanctity to the American Flag and prosecute those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.”
The order cited the American flag as “the most sacred and cherished symbol of the United States of America, and of American freedom, identity, and strength,” noting the sacrifices of service members over nearly two-and-a-half centuries to protect it.
“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 said.
The executive order directed Attorney General Pam Bondi to prioritize enforcement of laws related to flag desecration, including cases involving violent crimes, hate crimes, property destruction, or other civil rights violations.
It also instructed federal agencies to refer violations of state or local laws — such as open burning restrictions or disorderly conduct statutes — to the appropriate authorities.
In addition, the order said federal officials should deny or revoke visas, residence permits, naturalization proceedings, and other immigration benefits, or pursue removal of foreign nationals found to have engaged in flag desecration under circumstances allowed by law.
A fact sheet released with the order referenced recent incidents, including protests in Los Angeles in June 2025 where flag burning took place alongside violent acts.
“Such conduct disrespects the sacrifices of Americans who bled for our country, and undermines the flag as a symbol that unites and represents all Americans of every background and walk of life,” it said.
BREAKING: President Trump signs executive order to mandate one full year in jail for protesters who burn American flags
TRUMP: “The people in this country don’t want to see our American flag burned and spit on … They’re bad people that are trying to destroy our nation…” pic.twitter.com/Qo1Ib712F0
— Fox News (@FoxNews) August 25, 2025
The White House emphasized that the order was consistent with constitutional protections but would strengthen enforcement against acts tied to violence or intimidation.
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The proper way to dispose of a flag is to burn it in a dignified ceremony, as this is considered respectful according to the U.S. Flag Code. Alternatively, you can place it in a flag disposal box at local government offices or organizations like the American Legion or VFW, which hold retirement ceremonies.
nationalflagfoundation.org U.S. Department of Defense
Search Assist
The proper way to dispose of a flag is to burn it in a dignified ceremony, as this is considered respectful according to the U.S. Flag Code. Alternatively, you can place it in a flag disposal box at local government offices or organizations like the American Legion or VFW, which hold retirement ceremonies.
nationalflagfoundation.org U.S. Department of Defense
It’s actually quite simple. He is a retired Army veteran. Recall him back to active duty and prosecute him under the USMJ for Conduct Unbecoming and give him a dishonorable discharge.
Here, here.
Burning a flag, out-and-out physical destruction of a flag, is NOT speech. As in many other important issues (Dred Scott, Roe/Wade, etc) the Supremes are obviously and completely wrong.
I too am an Army Veteran, and what that man did was appalling. The American Flag stands for liberty, for freedom and American soldiers died throughout our nation’s history to defend what that flag stands for. That fool disgraced the uniform he wore for 22 years.
I totally agree.