The proposed prosecutions would be unconstitutional and, absent an unlikely major reversal of prior precedent by the Court, flag burning will remain a protected form of free speech. Scalia was the fifth vote in the Johnson decision that upheld flag burning in Texas. Otherwise, President Trump and others can seek a constitutional amendment to create an exception for flag burning under the First Amendment. However, free speech often demands that we fight for the rights of those we despise or views that we deplore. Free speech is the very right that distinguishes us from even close allies, the indispensable and quintessential American right.