Source: The Atlantic
by David Cole
“The order announces that Trump seeks to use content-neutral laws, which are agnostic about the message an act might convey, to prosecute flag-burners precisely because he doesn’t like their message. In so doing, Trump has furnished future defendants, and possibly the protesting veteran, with evidence to support a ‘selective prosecution’ defense. When the government selectively enforces an otherwise content-neutral law — say, by prosecuting those who burn flags but not those who burn trash — and does so because it disagrees with the message an individual expresses, the Constitution requires that the charges be dismissed. The difficulty in most cases is proving that the government’s purpose was illegal. But the Trump order proudly pronounces it.” (08/30/25)