Donald Trump Boasts “We Took the Freedom of Speech Away” - Despite Supreme Court’s First Amendment Ruling
Donald Trump recently boasted about taking the "freedom of speech away" as he believes that burning the American flag as form of protest is way more harmful.
The POTUS continued, "So we're going on that basis. We're looking at it from, not from the freedom of speech, which I always felt strongly about, but never passed the courts." Regardless of what Trump says, the Supreme Court has a different outlook towards his claim of any "hypothetical harm." The Supreme Court deemed that the right to free expression is important than the POTUS's rationale about a potential public safety hazard. However, when it comes to speech that promotes "imminent lawless action," the Brandenburg v. Ohio affirms it as punishable. Trump has a long crusade against flag-burning as a form of protest. A few months earlier, he finally took a major action, signing an executive order. It instructs the attorney general to prosecute those who "incite violence or otherwise violate our laws while desecrating this symbol of our country."President Donald Trump said Wednesday that, when it comes to burning the American flag during protests, his administration "took the freedom of speech away," even though the U.S. Supreme Court ruled nearly four decades ago that flag burning is protected by the First Amendment.… pic.twitter.com/HiCL2yVBhk
— PBS News (@NewsHour) October 8, 2025
At that time, the POTUS noted that there were many other things people could do to protest against the government. However, he thinks that "when you burn the American flag, it incites riots at levels that we've never seen before. People go crazy." Brian Haus, an attorney with the American Civil Liberties Union, has taken a firm stand against Trump's rationale at that time. He said, "If somebody is burning a flag in protest and they're not telling people to go engage in violence, the government can't look at that and say, 'Oh, well, that could have the effect of causing violence to stir up, so therefore we get to prosecute.'"Supreme Court precedent protects flag burning as expressive political speech. Trump's post addresses the military, but the Posse Comitatus Act (18 U.S.C. §1385) generally prohibits federal troops from enforcing domestic law off-base, except on military bases or under the… pic.twitter.com/9kO4L0yKtu
— TheSteadyState (@steadystate2025) October 4, 2025
