President Donald Trump called for those who burn the American flag to spend a year in jail while speaking at Fort Bragg in North Carolina on Tuesday.

“They proudly carry flags of other countries, but they don’t carry the American flag. They only burn it,” Trump said. “People that burn the American flag should go to jail for one year. And we’ll see if we can get that done.”

President Trump said his administration is working with some senators to pass a law that gives jail time to flag-burning protesters.

Anti-ICE protests

The backstory:
The comments come amid a series of protests against immigration raids in major cities like Dallas and Los Angeles.

In Los Angeles, the city is preparing for its fifth day of anti-ICE demonstrations, which have seen cars burned down, smoke bombs deployed and pepper bullets fired.

Trump ordered the deployment of 4,100 National Guard troops and 700 Marines, which he says is to protect federal officials and property.

The move drew objections from California Gov. Gavin Newsom, who filed an emergency motion in federal court seeking to block the use of federal troops to assist in immigration raids. Newsom said the request was a response to a change in orders that had been issued for the Guard.

In Dallas, one person was arrested after hundreds of demonstrators gathered near the Margaret Hunt Bridge on Monday night.

The demonstrations were tense at times, with protesters throwing water bottles, fireworks and rocks at officers.

In Austin, 12 people were arrested Monday night after protesters defaced the JJ Pickle Federal Building with graffiti. The protest started at the Texas State Capital before moving to the federal building.

As officers began to break the group up, Austin police said “tensions escalated” and protesters threw rocks at officers. Officers briefly withdrew in an attempt to deescalate, but the crowd advanced, leading to officers using pepper balls and DPS using gas to disperse the crowd.

Four officers were injured, and all were treated and released.

Jail time for flag burning

Tuesday’s comments weren’t the first time that Trump as suggested that demonstrators be jailed for burning the American flag.

In August, while on the campaign trail, Trump proposed passing a law to jail anyone who burns the flag for one year.

It would be more difficult than it seems on the surface, with a 1989 Supreme Court decision, stemming from a case in Dallas, protecting the right to burn an American flag as a form of political expression under the First Amendment.

In his comments in August he mentioned the constitutionality of such a law.

“They say it’s not constitutional,” Trump said. “Well, make it constitutional.”

Texas v. Johnson, 1989
In 1989, the Supreme Court issued a 5-4 ruling in favor of Gregory Lee Johnson.

Five years prior, Johnson was arrested after burning a flag outside the Republican National Convention in Dallas. Johnson was charged and later convicted of breaking a Texas law that prohibited the desecration of the flag.

Johnson was sentenced to one year in prison and fined. His conviction was overturned by the Texas Court of Criminal Appeals, whose decision was later upheld by the Supreme Court.

In the decision, the majority held that Johnson was engaging in political expression, which is protected under the First Amendment.

In the years following the decision, the United States Congress passed a law banning flag burning, which was struck down as unconstitutional by the Supreme Court.