‘We Took The Freedom Of Speech Away’: Trump Says The Quiet Part Loud In Unhinged First Amendment Rant

President Donald Trump made a shocking statement during a White House meeting on Wednesday, openly saying that his government has taken away freedom of speech rights. The comment came as Trump defended his order targeting flag burning, a form of protest that the Supreme Court has always protected under the First Amendment.

The meeting, which focused on Antifa and domestic terrorism, included Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, FBI Director Kash Patel, and several right-wing media figures. During his remarks, Trump talked about his August 25 order that tells the Justice Department to go after people who burn American flags.

“We took the freedom of speech away 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,” Trump said during the event, as per MSNBC. He added that flag burning leads to riots and claimed his government is giving out a one-year prison sentence for such acts.

Supreme Court Rulings Go Against Trump’s Order

The Supreme Court ruled in the 1989 case Texas v. Johnson that flag burning is protected speech under the First Amendment. Justice William Brennan wrote in the main opinion that “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” The court said the same thing again in 1990 when it struck down a law from Congress trying to ban flag burning.

Trump’s order does not actually create new criminal punishments or override Supreme Court decisions. Instead, it tells federal agencies to use existing laws when flag burning happens alongside other crimes such as violent acts, property damage, or breaking local burning rules. The order also tells officials to send cases to state and local authorities where they can. This crackdown on protest rights is similar to Trump’s broader attack on free speech at college campuses, where his government has pushed universities to stop student protests.

Legal experts have serious doubts about whether the order is legal. David Cole, a Georgetown Law professor who has defended flag burners in court cases, told NPR that the order looks designed for picking and choosing who to prosecute. He said that singling out flag burning because the president doesn’t like its message would likely be used as proof of illegal targeting in any prosecution.

Trump has been against flag burning for years and promised during his 2024 campaign to give harsh punishments to those who damage the flag. While signing the August order, he said that anyone who burns a flag would get one year in jail with no early release, as per USA Today. However, presidents do not have the power to create criminal laws on their own or decide prison sentences, which are powers that belong to Congress and the courts.