Erwin Chemerinsky

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INSIDER
Flag Burning is Constitutionally Protected Speech
The flag can be used to express dissent, as much as it can be displayed in a show of patriotism. The Supreme Court has been emphatic about this for decades and repeatedly has held that the government cannot constitutionally punish flag desecration. But on August 25, 2025, President Trump issued an Executive Order titled, “Prosecuting […]

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