Valuetainment
"Is Flag Burning Free Speech?" - Trump Threatens JAIL TIME For Protestors Who Burn The American Flag
27 Aug 2025
Chapter 1: What sparked the debate on flag burning and free speech?
Trump flag burning order sparks online conservatives free speech debate, which totally makes sense. President Trump new executive order targeting flag burning announced on Monday directs the attorney general to prosecute violations of law involving flag desecration and to pursue litigation that will clarify the scope of First Amendment as it relates to flag desecration.
Rob, do you want to play this clip with the president? They're going back and forth explaining it.
This is an executive order on flag burning. It charges your attorney general. Would you listen to this?
Chapter 2: What does Trump's executive order on flag burning entail?
This is very important.
flag-burning. All over the country, they're burning flags. All over the world, they burn the American flag. And as you know, through a very sad court, I guess it was a 5-4 decision, they called it freedom of speech. But there's another reason, which is perhaps much more important. It's called death. Because what happens when you burn a flag is the area goes crazy.
If you have hundreds of people, they go crazy. You could do other things. You can burn this piece of paper. You can... And it's... But when you burn the American flag, it incites riots at levels that we've never seen before. People go crazy. In a way, both ways. There are some that are going crazy for doing it. There are others that are angry, angry about them doing it.
Do you want to discuss that?
What the executive order does, sir, it charges your Department of Justice with investigating instances of flag burning and then where there's evidence of criminal activity that where prosecution wouldn't fall afoul of the First Amendment and instructs the Department of Justice to prosecute those who are engaged in these instances of flag burning.
And what the penalty is going to be, if you burn a flag, you get one year in jail, no early exits, no nothing. You get one year in jail. If you burn a flag, you get— You can pause it right there.
And what it does is— So you get one year in jail. Tom, Adam, and Vinny, you guys got some thoughts on this. Vinny, I'm going to come to you first.
Rob, I sent you a video of one of my good friends who I who I I kind of agree with her. But like when people say burning a flag in free speech, I know it's protected under the Constitution, but they're twisting what free speech actually is. Free speech is talking, writing, protesting, holding a sign, which a lot of people love holding signs. The second you light something in fire on in public.
It's actually illegal. The majority of the United States, in the United States, if you don't have a permit to burn something out in public, if it's not a pit, if it's not a controlled fire, it's illegal. Plain and simple. You can't light a bonfire. You can't start a freaking fire in the middle of the street and start grilling meat in the middle of the street.
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Chapter 3: How does flag burning relate to public safety and incitement?
I'm being technical right now, okay? So why the hell should burning a flag and these people get a free pass? And don't forget, bro, our flag, and this is my opinion. You can say whatever the hell you want. It's not just a piece of fabric, okay? It's draped over freaking coffins of soldiers who go overseas and fight for the country, okay? They're folded.
They're given to freaking families of veterans who get freaking killed for this country. I don't know what people are going to say yet, but they're over there fighting for the right for the person to come and burn it. You know what the hell you're doing. And, Rob, you know who I never thought I'd say this in public or live on air?
You know who I agree with and whose side I take on this whole thing? Hillary Clinton. Hillary Clinton, one of my best friends, she actually said, you know what Hillary said back in the day in Congress? Rob, can you play that video of Hillary and what she said about flag burning? This is the first time I agree with her about anything.
So I hope, Mr. President, that we can pass a law that criminalizes flag burning and desecration. I agree that this burning, this desecration that can happen to our flag is something that people have a right to ask this body to try to prohibit and prevent.
So I'm going old school Hillary. I'm just like something bothers me inside when I see that happening. Other people, other countries, whatever, do whatever the hell you want on another country. But when it happens here, it really pisses me off. Free speech, say whatever you want, hold whatever sign. When it comes to the flag, I'm anti-burning the flag.
Adam, where are you at?
Well, burning the flag should be legal, but it should be a death sentence for the rest of your life. What do I mean? Under the first amendment, you do have freedom of speech. I think there was a Supreme Court ruling that five to four, which Trump mentioned that you can burn the flag. However, you know how like if you go for a job interview and they're like scrub your social media.
Oh, this is what this person did. Anyone who burns the American flag, it should be on their resume and on their record forever. So you want to apply for this job. You burnt the American flag, Bill. What were you... Yeah, it was a bad date. Yeah, you're out. You want to go for a loan at the bank? Sorry, Carl, you burnt the flag. But yeah, you're not going to. This isn't going to happen.
You go to court. You go to the mall. You should be shamed until infinity. There's three types of people that I think burn the flag. There's just radical leftists. Radical leftists. We know what they are. They're usually doing this. There's foreign enemies. We see what happens in Iran. What do they always yell? Magba, America. And then there's anti-war activists.
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Chapter 4: What are the potential legal consequences for flag burning?
Tom, any thoughts?
Yes. So I have to listen carefully to what the president said. First of all, I will tell you, the price of, and I've said this before, the price of free speech is free speech. You may not like what the other guy says, but that's the price of free speech. Now then, line... Where's the line? The president used the word incite. Inciting riots is against the law. You cannot incite riots.
You can have a demonstration. You can protest a war. You can protest a lot of things. You can get a permit even at University of Alabama and say you want to protest Israel. And you can have a lot of people surround you and suddenly realize that you're outnumbered and maybe call off your protest. That's free speech. And that's also public discourse coming back to talk to you.
But the president was saying about inciting riots and then asking the Justice Department to investigate to see were you desecrating the flag to incite a riot? If you are. Guess what?
Chapter 5: What is the historical context of flag burning in the U.S.?
That's we're not going to stand for that. And the one year in jail, I want to see how this shakes out, because I think you have free speech, but then you have inciting riots and then you have going over that edge of the desecration, which incites the riots. And so it's like, hey, you went out there to have a demonstration. You burnt the flag. You incited a riot and you got your butt kicked.
And guess what? Sorry. You know, you're going to get one year. I want to see it play out. But there's some there's some logic that goes behind this and a lot of precedents that the president is pointing to. And thank you so much for the clip that Hillary Clinton seems to agree that. What did she use the word desecration? Isn't that interesting?
Yeah. I mean, look, to me, it's very simple. If you don't love the country, you have other options. Go somewhere where you have pride. I love America. I served for this country because I love this place. This is a special place. It's the greatest country in the world. The Turning Point USA guys do a great job. One of the guys goes out there asking these college students.
I don't know if you've seen this. It just came out. Rob, can you play this clip? This defines my views of when they say America is the greatest country in the world. And then when the option is given, look how they respond. Go ahead, Rob.
America the greatest country in the world No, if you were offered a one-way ticket to leave the country never come back, but it's all expenses paid Would you accept that offer? Let's hear it
I don't think that I would leave. I wouldn't leave either.
Oh, really? Is America there?
Okay. But that's the point, though. Everybody talks a lot of shit until eventually you're faced with a decision that's like, no, no, no. I wouldn't leave. I wouldn't go anywhere. Not limo driver. Limo driver. People haven't used that phrase before. Or Uber driver. Or limo. You're talking about in L.A.? Our Filipino Uber driver. Where were we, Rob? We were in L.A. We were on our way to Rafi's.
We're having a conversation. And by the way, the Jubilee interview that's coming out this Sunday, we're having a conversation. No, I won't. I would take the money. I would leave. Why are you in America? Because, you know, it's not as bad. You think it's a great country? Just listen to this guy. Then just leave.
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Chapter 6: How do other countries handle flag desecration legally?
So if you want to burn the flag, I don't feel comfortable about it. By the way, other countries, China, if you burn the flag, three years in prison. Russia, fines or prison. India, prevention of insults to national honor, it's illegal. You can't do it. Saudi Arabia and many other Middle Eastern countries, strict bans, heavy penalties. Turkey, prison sentence or for insulting the national flag.
Mexico, Mexico. Up to four years. So then you go Singapore, Malaysia, strong bands. There's a lot of different countries that have different laws for this. I'm glad America is finally putting it in place as well. But it is not a popular decision to make. And for those who don't support it, I get your argument as well. This is my line. Don't burn the flag. If you don't like it, go elsewhere.
I love those other countries that says, don't even insult the flag.
If you even do.
you're you're going places never mind burn it you insult the flag you can't burn the flag but you can burn people uh that's totally cool if you're a apostate uh you know what's interesting this is what i've this is what i've seen with you know because i do my american flag thing and uh walk around with the people you don't have realized everyone who hates america everyone who basically uh has a massive distaste for america they're always comparing america to utopia
Well, we're not the greatest country in the world. And any time you give them a, all right, if not option A, option B, and option B is any other country, they never pick the other country because there's no perfect country.
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Chapter 7: What are the differing views on flag burning among the podcast hosts?
This year it is 296 pages. Holy moly. Oh, my goodness. We cannot wait to go through this with all of you at the Vault conference.
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Chapter 8: What conclusions are drawn about patriotism and free speech?
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