Veteran Protests Trump’s Flag Order by Burning Flag Near White House

A U.S. Army veteran, Jan Carey, faces misdemeanor charges after publicly burning an American flag in protest of an executive order signed by former President Donald Trump. The incident took place on August 25, 2024, in Lafayette Square, directly across from the White House, shortly after Trump aimed to protect the flag from what he termed “desecration.”

According to court documents, the 54-year-old Carey, a combat veteran, announced his intentions with a bullhorn, declaring his right to protest under the First Amendment. After placing the flag on bricks, he set it ablaze, stating, “Oh yes, we can,” in defiance of Trump’s directive. “That was my way of pushing back,” he later told The Baltimore Sun following a hearing in U.S. District Court.

The Supreme Court has ruled that flag burning constitutes protected symbolic speech. However, individuals can still face charges related to safety violations during such demonstrations. Carey has been charged with two counts: lighting a fire in an undesignated area and causing property damage, each potentially resulting in a penalty of up to six months in jail. He has pleaded not guilty.

Prosecutors from the office of Washington U.S. Attorney Jeanine Pirro clarified in a November 14 brief that Carey is being prosecuted for his actions, not his speech. They argue that his claims of First Amendment infringement are misleading.

Flag burning has historically ignited intense political debate, particularly in Maryland. In July 2024, former Republican Governor Larry Hogan condemned flag burning during protests related to Israel’s actions in Gaza, calling it “an insult to every American who has worn the flag on their arm and died for our nation.”

After Trump’s executive order, Democratic Representative Jamie Raskin criticized the president’s stance, questioning the hypocrisy of advocating for strict penalties against flag desecration while previously pardoning individuals involved in the January 6, 2021, Capitol riots, some of whom used flags as weapons.

The Supreme Court’s ruling in Texas v. Johnson (1989) confirmed that flag burning is a form of political expression protected by the First Amendment. This decision was reached by a narrow 5-4 margin, with conservative Justice Antonin Scalia voting with the majority.

During the court hearing, Chief U.S. District Judge James Boasberg did not hear oral arguments or rule on a pending motion to dismiss the case. He scheduled a follow-up status hearing for January 28, 2025.

Carey’s protest was a direct response to Trump’s order, which instructed the Justice Department to pursue aggressive prosecutions for violations involving flag desecration. The order described flag burning as a tactic used by foreign nationals to intimidate Americans.

Carey’s attorney, Nick Place, stated that the executive order effectively directed law enforcement to penalize individuals exercising their First Amendment rights, particularly in the context of flag burning. In a motion submitted in late October, Carey’s defense team alleged that U.S. Park Police consulted with federal prosecutors on how to charge him, suggesting an overreach by the government.

The prosecution maintains that Carey’s actions posed a safety risk, citing the use of accelerants such as isopropyl alcohol and bug spray. They assert that he did not take necessary precautions to ensure the safety of those nearby.

After the hearing, Carey expressed that his protest was intended to be safe, as he believed the area was devoid of people. He retired from military service in 2012 after multiple deployments, including to Iraq and Afghanistan, and has since participated in various protests against Trump’s policies.

A small group of supporters, including fellow veterans, attended the hearing, showing solidarity with Carey as they quietly exited the courtroom together.