A man who burned the American flag outside the White House earlier this week is facing charges from federal prosecutors in accordance with President Donald Trump’s recent executive order.
“You will see flag burning stopping immediately,” Trump said. “The people in our country don’t want to see our flag burned and spit on.”
North Carolina resident Jan Carey, 54, is the first to face that prosecution after he decided to burn the American flag as a form of protest to the executive order. In an interview with local media, he explained he “immediately thought I need to go burn a flag in front of the White House and let’s put this to the test.” He also said he was a military veteran.
Carey faces two misdemeanor criminal counts in Washington, D.C., in federal court. However, neither charge focuses on the fact that he burned the flag.
“On or about August 25, 2025, within the District of Columbia, Jan Carey lit, tended, and used a fire in a manner that threatened, caused damage to, and resulted in the burning of property, real property, and park resources, and created a public safety hazard,” U.S. Attorney Jeanine Pirro wrote in her complaint.
A Supreme Court ruling in 1989, Texas v. Johnson, declared the act of flag desecration was protected as symbolic speech under the First Amendment, and Trump directed the attorney general to pursue charges in line with the First Amendment.Trump also called that 1989 court decision “sad,” and argued that the issue of flag burning goes beyond free speech, saying that the highest court in the land did not rule out charges in cases where a burning flag “is likely to incite imminent lawless action.”
“When you burn the American flag, it incites riots,” Trump said.