Prosecuting Burning of the American Flag
1. Purpose
The order aims to restore respect for the American Flag by prosecuting acts of desecration and ensuring enforcement of existing laws related to the flag's sanctity.
2. Key Actions And Directives
- Enforcement of Desecration Laws: The Attorney General is directed to prioritize prosecution of desecration acts and refer cases to state/local authorities as applicable.
- Visa Actions Against Foreign Nationals: The Secretary of State and officials can revoke or deny visas/residence permits to foreigners involved in flag desecration.
3. Important Points
- Legal Precedent Acknowledged: Cites Texas v. Johnson to highlight that certain forms of desecration may not be protected under the First Amendment.
- Collaboration with Local Authorities: Allows for the referral of desecration cases to relevant state or local law enforcement.
- Severability Clause: Ensures that if any provision is found invalid, the rest of the order remains intact.
- No Individual Rights Created: Clarifies that the order does not create enforceable rights for individuals against the United States.
- Cost of Publication: Publication costs will be covered by the Department of Justice.
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