U.S. Representative Thomas Massie

Rep. Thomas Massie (R-Ky.) leveled a constitutional rebuke Monday at President Donald Trump’s latest executive order aimed at prosecuting flag desecration, saying that such actions remain protected under the First Amendment, even if the offending act involves burning the U.S. or Israeli flags.

In a post on the social platform X, Massie reaffirmed his belief that the act of burning one’s own national flag, whether American or Israeli, is “covered by the First Amendment to the United States Constitution,” insisting that “neither Congress nor the President nor a Judge can make it illegal.”

Massie quote‑posted an earlier tweet from June, bluntly stating: “Burning your own American flag is nenarded, but it’s not illegal, nor should it be. No one should want a federal government so powerful that it can lock you up for a year for burning your own stuff."

READ MORE: 'Very dangerous': Retired Air Force colonel rips Trump over 'crisis manufactured by White House'

"Thankfully our Constitution prohibits Congress from making such stupid laws," the Kentucky Republican added.

Earlier on Monday, Trump signed an executive order instructing the Department of Justice to prosecute individuals who desecrate the American flag, including burning, and to push courts to revisit the Supreme Court’s landmark 1989 ruling in Texas v. Johnson that such acts are constitutionally protected symbolic speech.

The administration also extended penalties to foreign nationals, threatening visa, residency, and naturalization consequences, including deportation, for violators.

While the order does not outright criminalize flag burning, it seeks to prosecute under existing laws where the act could be interpreted as incitement to violence or “fighting words,” and urges more vigorous enforcement. Trump emphasized that burning a flag should carry a mandatory one-year prison sentence without early release.

READ MORE: 'Withdrawn': GOP senator jolts MAGA by saying Trump DOJ pick lacks votes for confirmation