Man Arrested for Flag Burning Near White House Amid New Trump Directive

Washington, D.C., August 26, 2025 - A man was taken into custody Monday evening after setting fire to an American flag in Lafayette Square, directly across from the White House, in a protest against President Donald J. Trump’s recent executive order targeting flag desecration.

According to the U.S. Secret Service, officers spotted the individual igniting the flag at approximately 6:15 p.m. They extinguished the flames and handed him over to U.S. Park Police, who charged him under regulations prohibiting unauthorized fires on federal property. The arrest was made under 36 CFR 2.13(a)(1), which bans open flames in park areas, rather than under the new executive directive itself.

The incident came just hours after President Trump signed an executive order on Monday morning directing the Justice Department to “vigorously prosecute” flag desecration when it accompanies other prosecutable offenses, such as violence, hate crimes or property destruction. In announcing the order, the president decried flag burning as “uniquely offensive and provocative,” and asserted that violators could face up to one year in prison if the act is tied to other criminal conduct. The directive also instructs federal agencies to seek revocation of visas and removal proceedings against foreign nationals found to have desecrated the flag.

Legal experts have noted that the Supreme Court has long held flag burning as protected speech under the First Amendment, though exceptions exist for speech that incites imminent lawless action or constitutes “fighting words”. Critics contend that the new order tests the limits of those precedents and is likely headed for judicial challenge.

In Lafayette Square, protesters decried the order and defended their right to symbolic speech. The arrested individual, identified by CNN as Jay Carey, a 20-year combat veteran, told officers he burned the flag “to protest an assault on constitutional rights”. He was released on personal recognizance pending a hearing.

The White House has pointed to recent high-profile incidents of flag burning at demonstrations - including clashes in Los Angeles in June - as justification for the executive action. Opponents warn that prosecuting related offenses to penalize flag burning could chill free expression and reignite the long-running debate over the line between protected protest and unlawful conduct.