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Commander’s Message

Dan K. Wiley

The American Legion Magazine 

November 2025

   In a well-meaning executive order issued Aug. 25, President Trump declared that his administration will “restore respect and sanctity” to the American flag by prosecuting “those who incite violence or otherwise violate our laws while desecrating this symbol of our country, to the fullest extent permissible under any available authority.”

   Sadly, that authority is quite limited due to the Supreme Court’s 1989 ruling in Texas v. Johnson.  In a 5-4 decision, justices invalidated laws against flag desecration in 48 states and the District of Columbia.  The American Legion strongly disagreed with the court’s interpretation that the Constitution recognizes such vile conduct as free speech. 

   Though Congress sought a legislative remedy, the same judicial majority ruled a subsequent law unconstitutional.  In response, the Legion joined forces with more than 120 organizations to form the Citizens Flag Alliance (CFA), which has called for a constitutional amendment that would grant Congress the power to prohibit the physical desecration of our flag. We believe it is the only way.

   We do not add to the Constitution lightly.  Our nation’s blueprint has been amended only 27 times.  But retired Army Maj. Gen. Patrick Brady, a Medal of Honor recipient and former CFA chairman, spoke for many when he characterized flag desecration as a “hate crime against America.”

   Northwestern University law professor Stephen Presser said the proposed amendment does not infringe on the Bill of Rights but is instead “a wonderful exercise in the popular sovereignty the Bill of Rights was designed to protect.”

   Flag protection continues to be a legislative priority for the Legion.  In, 2006, delegates to our 98th National convention unanimously passed a resolution calling on Congress to approve a constitutional amendment, pointing out that “this emblem of our country is placed upon the coffins of veterans as a token of respect for services rendered to a grateful nation.”

   To some, the flag is a mere piece of cloth.  To The American Legion, it symbolizes the greatest nation on earth – and is worth fighting for.

Dan K. Wiley