Trump’s Push to Punish Flag Burning Puts Landmark Free Speech Ruling at Risk NYT | Top Stories By: Adam Liptak 1 September 2025 at 17:03 The Supreme Court ruled in 1989 that burning an American flag is speech protected by the First Amendment. President Trump says it should be punished. © Jenna Schoenefeld for The New York TimesGregory Johnson displayed a flag he has used in protests, in Venice, Calif., in 2021. Mr. Johnson won a landmark Supreme Court case in 1989 protecting political expression that is now being challenged by President Trump.