If you’ve ever wondered who really makes laws in this country or what happens when protest and free speech collide, stick around.

Let's look at President Trump’s executive order on flag burning.

There’s a lot of chatter out there about what an executive order actually is, what power the president really has, and how the Constitution fits into all this—and honestly, a lot of people are getting it wrong.

So, I’m here to clear things up. I’ll break down exactly what Trump is trying to do with this order, why it’s not quite what some people think, and what the law actually says about flag burning (hint: we’re talking about First Amendment rights and the Supreme Court’s big decision in Texas v. Johnson).

Additionally, I’ll share a great quote from Justice Scalia and discuss why our right to criticize the government—even in contentious ways—matters so much.

Here’s the real story, beyond the barstool chatter and media soundbites:

Executive Orders Aren’t Laws

The President can issue executive orders to guide administrative agencies, but they can’t make new laws—that power comes from Congress.

The Limits of Presidential Power

Executive actions can’t override the Constitution. Flag burning, for example, is considered symbolic speech protected by the First Amendment (see: Texas v. Johnson, 1989).

Fighting Words & Incitement Matter

Trump’s directive targeted flag burning only if it “incites violence”—a narrow exception that still faces tough constitutional scrutiny and likely doesn’t change much in practice.

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com