欧博Person Detained for Burning American Flag Near W
A person was arrested near the White House on Tuesday after setting fire to an American flag, just hours after President Donald Trump signed an executive order seeking to punish people who burn the flag.
The U.S. Secret Service confirmed the initial detention in a statement to Newsweek.
Why It MattersThe arrest sets the stage for a legal battle because Trump's executive order, which he signed Monday, is in opposition to a legal precedent set by the Supreme Court in 1989 when it reached a 5-4 decision in Texas vs. Johnson. Justice William Brennan wrote that the government could not prohibit expressive conduct merely because society found it offensive.
The ruling said that burning the flag is protected by the First Amendment because it constitutes symbolic and political speech.
A video clip posted on social media shows a man in Lafayette Park outside the White House speaking to passersby through a bullhorn before setting fire to a U.S. flag soaked in some kind of accelerant on the ground.
The man said he was 20-year combat veteran and identified himself as Jay Carey.
He said he was protesting to defend the right to burn the flag under the First Amendment.
"I fought for every single one of your rights to express yourself in however you feel that you may want to express yourself. It is a First Amendment right to burn the American flag" the man said.
He said no president, or anyone else, can make a law that infringes on First Amendment rights.
"We burn this flag in protest to that president who feels that it's his right to do whatever he wants, make whatever law he wants, regardless if it's legal or illegal."
This is replacing a previous post: A Veteran was detained outside of the White House by Secret Service after burning an American flag. pic.twitter.com/kXL5gPc2aj
— The Bulwark (@BulwarkOnline) August 26, 2025The video clip did not show the man being detained, but the Secret Service confirmed he had been taken into custody.
"On August 25 at approximately 6:15 p.m., the U.S. Secret Service detained an individual in Lafayette Park for igniting an object," the agency said. "The individual was subsequently turned over to U.S. Park Police as they have jurisdiction. We'd refer you to U.S. Park Police for any charges or additional questions."
The Park Police confirmed that the individual was arrested after being reached for comment by Newsweek, saying, "At about 6:30 p.m., the United States Park Police arrested one person in Lafayette Park for a violation of 36 CFR 2.13(a)(1), prohibited fire. All units have cleared the scene."
Earlier, Trump acknowledged that while burning the flag was protected by the court, doing so was an open door to violence.
"When you burn the American flag, it incites riots at levels that we've never seen before," Trump said.
The order says that those who burn an American flag, whether in the U.S. or other countries, will be subject to prosecution and penalties.
In the order, penalties were laid out, including those for non-citizens that could range from the revocation of visas or immigration benefits, and even the possibility of removal from the country.
White House spokeswoman Taylor Rogers told Newsweek after the flag burning that "President Trump will not allow the American Flag—a special symbol of our country's greatness—to be used as a tool to incite violence and riots that jeopardize the safety of everyday Americans."
What People Are SayingPresident Donald Trump said while signing the order: "They burn the American flag. They call it freedom of speech. When you burn a flag, the area goes crazy. If you have hundreds of people, they go crazy. You can do other things…but when you burn the American flag, it incites riots at levels we've never seen before."
The executive order reads in part: "Notwithstanding the Supreme Court's rulings on First Amendment protections, the court has never held that American flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to 'fighting words' is constitutionally protected."
White House spokeswoman Taylor Rogers said: "President Trump will always protect the First Amendment, while simultaneously implementing commonsense, tough-on-crime policies to prevent violence and chaos."
The man who set fire to the flag said: "Nobody will enforce those illegal laws that that president tried to make."
What Happens NextA legal battle is likely to unfold in court if legal proceedings are pursued against the flag burner.
Correction: 8/26/25, 6:58 a.m. ET: This article has been updated to name the arrested veteran as Jay Carey, not Dave Perry as originally reported.