Legal & Constitutional Analysis - The Supreme Court has previously ruled that flag burning is protected under the First Amendment [2][3] - An executive order attempting to criminalize flag burning may be unconstitutional, as it contradicts the Supreme Court's rulings [7][8] - Statutes that prohibit flag burning have been struck down as unconstitutional [7] - The Supreme Court's rulings on flag burning in 1989 and 1990 left no ambiguity [4] Political Implications - President Trump signed an executive order calling for the prosecution of those who burn the American flag [1] - A protester was arrested for burning a flag outside the White House after the executive order was signed [1] - Justice Scalia, a conservative Supreme Court Justice, voted to protect flag burning as a form of free speech, despite personal feelings [8][10] Legal Process - Executive orders are subordinate to statutes in the legal hierarchy [7] - Statutes require bicameral passage, presentment, and presidential signature to become law [6]