President Donald Trump said Wednesday his administration took action against people who burned the American flag, adding, “We took the freedom of speech away.”
While speaking at a roundtable held to discuss alleged activities of Antifa at the White House on Wednesday, Trump said the administration made it possible to act against individuals accused of burning U.S. flags, despite court rulings that protect such acts under the First Amendment.
Trump acknowledged that flag burning is considered free speech under U.S. law, but suggested his administration had acted anyway to discourage the practice, citing public disorder.
“We took the freedom of speech away,” Trump said. “Because that's been through the courts and the courts said you have freedom of speech, but what has happened is when they burn a flag, it agitates and irritates crowds, never seen anything like it on both sides and you end up with riots. So, we’re going on that basis.”
Flag burning has long been a controversial form of protest in the U.S. In 1989 and again in 1990, the Supreme Court affirmed that flag desecration is protected speech under the First Amendment.
However, Trump signed an executive order in August titled “Prosecuting Burning of the American Flag,” directing the Attorney General to prioritize prosecution of flag “desecration” when it violates existing law or “incites violence.”
The order claimed that while Supreme Court precedent protects flag burning as symbolic speech, the Court has never held that acts of flag burning likely to incite “imminent lawless action” or amount to “fighting words” are protected.
Trump’s remarks about having “taken away the freedom of speech” led to strong reactions from his critics, with many calling it an admission of guilt.
Rep. Mary Gay Scanlon (D-Pa.) wrote on the social platform X: “The President can't take away Free Speech, but he sure IS actively trying to SUPPRESS it.”
Former U.S. ambassador Luis Moreno said: “This is not politics as usual. This is not the standard GOP vs. Dems. This is a direct attack on the Constitution, specifically on the First Amendment. It’s authoritarianism vs. democracy. This is not a drill. It’s up to us to decide.”
Michael MacKay, a political scientist, wrote: “Trump is abrogating the First Amendment of the Constitution, knowing that no power in the United States will stop him – certainly not the corrupt Supreme Court. American fascism seems inexorable.”
Conservative political commentator Dave Hale wrote: “The one thing Trump is honest about -- his blatant authoritarianism.”
Activist Melanie D’Arrigo wrote: “Trump’s version of ‘law and order’: If you burn a flag, despite it being a protected form of free speech, you go to prison. If you beat a cop with a flag during a riot to overthrow the government, you get a pardon and job offers from ICE.”
Joshua Eakle, a communications executive with Project Liberal, wrote: “I'm so confused. I was informed over and over again in 2024 that Trump was going to be the ‘free speech President.’”
Watch the video of Trump's remarks below: