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A Burning First Amendment Issue: President Trump’s Executive Order on Flag Desecration | Eugene Volokh and Jane Bambauer | Hoover Institution
Hosts and law professors Eugene Volokh and Jane Bambauer dive into President Trump’s new executive order on flag burning. Is it bold politics or bad law? Or maybe both? They break down what the order really says, how it clashes with First Amendment precedents, and why targeting flag desecration even under otherwise content-neutral laws could violate the First Amendment. Jane and Eugene also discuss the tricky question of whether non-citizens can be deported for speech or symbolic expression that is protected for citizens (more on that in this Free Speech Unmuted episode).
Recorded on August 26, 2025.
Subscribe for the latest on free speech, censorship, social media, AI and the evolving role of the First Amendment in today’s proverbial town square.
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By Hoover Institution
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Hosts and law professors Eugene Volokh and Jane Bambauer dive into President Trump’s new executive order on flag burning. Is it bold politics or bad law? Or maybe both? They break down what the order really says, how it clashes with First Amendment precedents, and why targeting flag desecration even under otherwise content-neutral laws could violate the First Amendment. Jane and Eugene also discuss the tricky question of whether non-citizens can be deported for speech or symbolic expression that is protected for citizens (more on that in this Free Speech Unmuted episode).
Recorded on August 26, 2025.
Subscribe for the latest on free speech, censorship, social media, AI and the evolving role of the First Amendment in today’s proverbial town square.
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