Prosecutions Under New "Prosecuting Burning of the American Flag" Executive Order Would Violate First Amendment

[1.] The order doesn't purport to cover all flag desecration, presumably recognizing that the Supreme Court has held that flag desecration as such can't be banned. See, e.g., Texas v. Johnson (1989); U.S. v. Eichman (1990). Rather, it covers desecration that violates "applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment." Thus, it seems to require that federal authorities, for instance, "prioritize the enforcement of … criminal and civil laws" as to "destruction of property laws" or "open burning restrictions." It might therefore cover desecration of a flag stolen from government property, or flag burning in a fire hazard zone on federal property.

[2.] This having been said, content-neutral laws banning theft of government prope