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Handel On The Law

Trump vs. Flag Burning

Handel On The Law

KFI AM 640

News

2.2826 Ratings

🗓️ 30 August 2025

⏱️ 38 minutes

🧾️ Download transcript

Summary

Handel on the Law. Marginal Legal Advice.

Transcript

Click on a timestamp to play from that location

0:00.0

You're listening to KFI, AM 640, the Bill Handel show On Demand, on the Iheart Radio app.

0:09.3

This is Handel on the law, marginal legal advice, where I tell you you have absolutely no case.

0:17.3

Strangely enough, we have another Trump story, and there's a lot of Trump slash legal stories out there.

0:23.6

So the president signed an executive order targeting the burning of the American flag as a crime.

0:32.6

And that's the problem because the burning of the flag has been ruled by the Supreme Court

0:41.0

as protected under the First Amendment, political speech, actually.

0:46.2

Now, this is interesting because the order doesn't outright criminalize the burning of the American flag,

0:52.6

but directs Attorney General Pam Bondi to prioritize enforcement

0:56.8

against cases of flag desecration. Well, that's also protected, where existing laws were violated.

1:05.3

You can desecrate the flag all you want. Now, it is horrific. A lot of people have died for that flag, or at least what the

1:15.0

flag represents, but it is protected. This is America where you can say whatever you want,

1:22.9

as long as, well, you can even defame people. They're not going to stop you from doing that. Now,

1:28.2

you have to pay the price. You can be sued, but you can't be nailed for burning a flag. It's just

1:35.0

that simple. So how do they get someone from burning a flag? Well, how about local ordinances

1:42.6

burning anything on public property?

1:47.6

You just, you can't burn a box, right?

1:50.5

You can't set a bunch of clothing on fire because local ordinances say no,

1:55.3

and this would be in the same category.

1:57.2

A flag would be put into that category.

2:00.2

So the executive order, oh, by the way, he says, if you burn a flag, you get one year in jail, no early exits, no nothing.

2:08.1

That's a problem because he's not the one that decides.

2:11.7

He said while he was signing the order.

...

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