'We’ll Make It Constitutional': Trump Again Calls For Jail Time For Burning American Flag

"They say, 'Sir, that’s unconstitutional,'" the former president said. "We’ll make it constitutional.”

Former President Donald Trump on Monday again suggested those who burn the American flag be jailed, saying he would work to undermine the right do so affirmed by the Supreme Court under the First Amendment.

Trump spoke to a gathering of the National Guard Association of the United States in Detroit in which he lamented the country was “closer to World War III” than ever, attacking President Joe Biden and Democratic presidential nominee Vice President Kamala Harris over the U.S. withdrawal from Afghanistan. The Republican presidential nominee then went on to say, if elected, he would work to ban the burning of the American flag, a pledge he has made on the campaign trail for years.

“Burning the American flag, I want to get a law passed … you burn an American flag you go to jail for one year. You gotta do it,” Trump told the crowd. “We gotta do it. They say it’s not constitutional. They say, ‘Sir, that’s unconstitutional.’ We’ll make it constitutional.”

“You burn an American flag, you’ll go to jail for one year.”

The Supreme Court ruled 5-4 on the issue in 1989, deciding in Texas v. Johnson that flag burning fell under First Amendment protections of free speech.