President Donald Trump signed an executive order seeking to penalize people who burn flags, though courts have long upheld the practice as a protected right under the First Amendment.

The Aug. 25 order aims to prosecute people who burn flags associated with other violence, such as inciting a riot, Trump said. Though the order doesn’t specify a jail sentence, the president told reporters in the Oval Office that burning a flag will result in “one year in jail.”

The U.S. Supreme Court held in 1989 that burning or otherwise destroying the nation’s flag was protected as a free speech right. It again became a topic of national conversation in recent years, as flag burning incidents during protests went viral and attracted controversy. Trump has repeatedly floated a ban on burning flags, including during his 2024 presidential campaign after protesters in Washington burned an American flag and caught the ire of his Democratic rival at the time, former Vice President Kamala Harris.

Is flag burning protected speech? What to know about Trump’s order

Trump has often employed the symbolism of the American flag throughout his political career and as a prominent visual in the pro-Trump MAGA movement. The flag has also featured significantly during Trump’s campaign and presidential appearances:

Photos: Trump embracing flag over the years

New flag poles at the White House

Two new 88-foot-tall flag poles hoisting U.S. flags were installed on the White House grounds – after Trump said they were desperately needed and that he would pay for them himself.

“It is a GIFT from me of something which was always missing from this magnificent place,” Trump said in a social media post. “Hopefully, they will proudly stand at both sides of the White House for many years to come!”

Mar-a-Lago flag pole

Trump had an 80-foot flagpole installed at his private club in Palm Beach, Florida, in October 2006, but the work was done without a permit and the height and location of the pole violated town ordinances, according to previous reporting by The Palm Beach Post, part of the USA TODAY Network.

Trump sued the town for millions over repeated demands that he withdraw the pole. The town retaliated with daily fines of $1,250 for code violations. The two sides eventually settled the case.

Previously from Palm Beach Post: Remember when Trump sued Palm Beach for $25M over a flagpole?

Contributing: Joey Garrison, USA TODAY; Staff, Palm Beach Post

Kathryn Palmer is a national trending news reporter for USA TODAY. You can reach her atkapalmer@usatoday.com and on X @KathrynPlmr.