President Donald Trump on Wednesday said his administration “took the freedom of speech away” as it relates to flag burnings, an activity that the Supreme Court has ruled is protected under the First Amendment.

“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 the flag it agitates and irritates crowds,” Trump said during a roundtable discussion on antifa. “I’ve never seen anything like it, on both sides, and you end up with riots.”

Trump made the comment after referencing conservative influencer Nick Sortor, who reported being attacked after attempting to stop a flag burning at a protest, according to OregonLive.

Trump also referenced an Aug. 25 executive order that directed his administration to prosecute people who burn American flags.

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

The order describes the flag as the country’s “most sacred and cherished symbol” and said its desecration is “uniquely offensive and provocative.”

The U.S. Supreme Court established that flag burning is protected speech in a 1989 case involving Gregory Lee Johnson, who burned the flag while protesting then-President Ronald Reagan’s administration.

The court found that First Amendment rights are not limited to verbal or written speech. While the ruling said states may seek to prevent “imminent lawless action,” it added that actions such as Johnson’s are and should be a protected right.

Trump reiterated his position that flag burning isn’t protected speech during the roundtable, saying “when you burn an American flag, you incite tremendous violence.”

White House spokeswoman Abigail Jackson told USA Today that Trump “will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos.”

“President Trump will not allow the American Flag — a special symbol of our country’s greatness — to be used as a tool to incite violence and riots that jeopardize the safety of everyday Americans,” Jackson said.

Attorney General Pam Bondi said during the executive order signing ceremony in August the administration could prosecute flag burnings “without running afoul of the First Amendment.”

A man was arrested for burning a flag outside the White House hours after the signing. The U.S. Park Police said it arrested the person for violating the National Park Service’s fire policy, which prohibits setting fires “except in designated areas or receptacles and under conditions that may be established by the superintendent.”

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