The late Supreme Court Justice Antonin Scalia said that if it were up to him, he would jail “every sandal-wearing, scruffy-bearded weirdo who burns the American flag,” But the Constitution, the conservative hero noted in 2015, protects flag-burning as a form of free speech. And importantly: “I am not king” who can outlaw the act single-handedly.

Neither is President Donald Trump.

So on Monday, he signed an executive order that sets out to challenge the 5-4 Supreme Court decision that has stood since 1989, when Scalia joined the majority ruling that flag burning is a protected exercise of free speech.

Trump's order says there is still room to prosecute flag burning under certain circumstances and urges Attorney General Pam Bondi to “vigorously prosecute those who violate our laws in ways

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