NEW: Trump signs EO making burning US flag for ‘incitement’ subject to 1 year in jail

"My Administration will act to restore respect and sanctity to the American Flag and prosecute 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," the order reads.

"The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment," the order read.

"This may include, but is not limited to, violent crimes; hate crimes, illegal discrimination against American citizens, or other violations of Americans’ civil rights; and crimes against property and the peace, as well as conspiracies and attempts to violate, and aiding and abetting others to violate, such laws."

The Supreme Court decision in Texas v. Johnson in 1989 secured that flag burning was political speech and protected by the First Amendment. The case stemmed from the burning of a flag during a political protest outside the 1984 Republican National Convention. The protest remained peaceful and there was no riot or accompanying mayhem. The Texas statute that banned flag burning was challenged.

In the opinion, the Court said that Texas' statute was not drawn carefully enough to prevent flag burning only in cases where the incident would incite a serious disturbance. The EO from the Trump administration attempts to circle that square and prevent flag burning in cases either of incitement or where local open burning or property damage laws can be applicable.

The order added, "To the maximum extent permitted by the Constitution, the Attorney General shall vigorously prosecute those who violate our laws in ways that involve desecrating the American Flag."

With the order, the White House also said that the administration "may pursue litigation to clarify the scope of the First Amendment exceptions in this area."