Civil Action Podcast

Civil Action: Trump’s Unconstitutional Attack on Flag Burning

Attorneys Brian Kabateck and Shant Karnikian break down Trump’s blatantly unconstitutional executive order attempting to criminalize flag burning—despite decades of Supreme Court precedent protecting it as First Amendment expression. They explain how Texas v. Johnson (1989) established that “the government may not prohibit the expression of an idea simply because society finds the idea offensive,” with even conservative Justice Antonin Scalia supporting flag burning as protected speech. The hosts reveal Trump’s authoritarian tactics: threatening one-year jail sentences, revoking visas for immigrants who burn flags, and directing DOJ to find workarounds through “content-neutral” laws. They discuss the slippery slope of allowing government to ban offensive speech and how this mirrors dictatorial regimes that suppress criticism. A constitutional law lesson on why protecting ugly, offensive speech is exactly what the First Amendment is designed for.