The American Flag Can Be Put on a Pair of Thongs, but Can It Be Set on Fire?

When the Continental Congress passed an act establishing a flag for the United States back in June 1777, do you think they could have imagined what America would do with it? There is seemingly no end to the places one can find the American flag. It's on dishware, stickers, household items, or permanently etched onto a person's skin. Flags of all sizes are flown in front of residences, businesses, and car dealerships for some reason. It's everywhere.

Perhaps one of the more amusing spots for the American flag is on a pair of underwear, be they boxers or thongs. This is what the country has done to Old Glory, which, according to the U.S. Flag code, should never touch the ground. Apparently, it can touch someone's buttocks, though. Speaking of the do's and don'ts of the flag, can it be burned? It seems unlikely, but then again, it can be turned into a bikini. Here's what we know.

Not only is it OK to burn the American flag, but doing so is protected by the Constitution of the United States. Remember that? On June 21, 1989, the Supreme Court decided that burning the American flag was a First Amendment right. In Texas vs. Johnson, the Court voted 5 to 4 in favor of Gregory Lee Johnson, who burned the American flag as part of a protest.

The incident that brought Johnson all the way to the Supreme Court happened during the 1984 Republican National Convention in Dallas. Johnson, along with roughly 100 other protestors, marched through the streets of Dallas to protest then-president Ronald Reagan's penchant for spending money on nuclear weapons research. When the march ended at Dallas City Hall, Johnson poured kerosene on a flag and set it ablaze. He was sentenced to one year in prison and appealed all the way to the top.

While there is no new law about burning the American flag, President Donald Trump signed an executive order on Aug. 25, 2025, that includes a potentially unconstitutional update. In it, the president called the American flag the "most sacred and cherished symbol of the United States of America," and of "freedom, identity, and strength." He goes on to say that desecrating it is "uniquely offensive and provocative."

The executive order claims that burning the American flag may incite violence and riot. "American Flag burning is also used by groups of foreign nationals as a calculated act to intimidate and threaten violence against Americans because of their nationality and place of birth." Regarding the First Amendment protection, the executive order states that burning the flag with the intent to break the law is not protected under the Constitution.

President Trump intends on directing the Department of Justice to prosecute anyone who burns the American flag. If burning the flag violates an applicable state law, Trump said the punishment will be left up to that state. If a foreign-national has engaged in flag desecration, they could have their visas denied, prohibited, terminated, or revoked. All immigration benefits will be terminated and they may be removed from the United States.