36 years ago a (sadly divided) Supreme Court ruled that burning an American flag was protected political speech, and laws prohibiting it were unconstitutional. A decade ago I would have said it's settled law because back then our institutions were more likely to hold. Now? Not a chance in Hell, seeing as how we have but one branch of the federal government.
Think how much harm trump has done to our democracy in just a few months and then think how much good democrats could have done, knowing we were going to face this. The only upside to the worst of the worst happening to our country is knowing there will be a lot of democratic politicians swinging from gallows all over the place. Most of them deserve it due to their cowardice.