HAHA:

If you actually read the Executive Order, it doesn’t do nearly as much as critics seem to think. Here it is, and here is the key bit:

Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected. See Texas v. Johnson, 491 U.S. 397, 408-10 (1989).

He’s not trying to override the First Amendment caselaw, and he’s not making new law here. He is suckering Democrats into burning a lot of flags, and endorsing flag-burning, in order to “stick it to Trump.”