Judge Rules ’86 47′ Flag Is Protected Speech

A federal judge has directed the National Park Service to allow a liberal activist organization to continue displaying a controversial “86 47” flag near the National Mall, ruling that the slogan represents protected political expression rather than a threat against President Donald Trump.

The decision came Monday when U.S. District Judge Randolph Moss granted a two-week temporary restraining order in favor of Accountability Now USA, a group that has been staging anti-Trump protests near the federal courthouse on Constitution Avenue for months.

At the center of the legal dispute was the organization’s use of a flag bearing the phrase “86 47,” a slogan that has generated national attention in recent weeks after former FBI Director James Comey faced scrutiny over a social media post featuring seashells arranged to form the numbers “8647.”

Comey subsequently removed the post, issued an apology, and insisted that he never intended the image to be interpreted as a call for violence.

In his opinion, Moss dismissed the government’s claim that the flag constituted a threat directed at the president.

“The Court does not doubt that political violence is on the rise and that it poses a grave threat not just to the targets of the threats but to the country as a whole. But the enormity of that problem does not change the meaning of Plaintiff’s speech, which by any reasonable measure merely advocated for the President’s impeachment and removal from office — that is, ‘to throw [him] out,'” Moss wrote.

Moss determined that Accountability Now USA was using the phrase as a political statement advocating Trump’s removal through constitutional means, specifically impeachment, rather than as a call for physical harm.

The judge further concluded that the slang term “86” lacks a single universally accepted definition and that the group’s message did not rise to the level of incitement or encouragement of immediate unlawful conduct.

As part of the ruling, Moss included a definition from Merriam-Webster, observing that the phrase “eighty-six” has been in use since the 1930s and is commonly understood to mean removing, rejecting, or getting rid of something.

Attorneys representing the Justice Department argued that the slogan had taken on a more ominous meaning following a May 24 confrontation near the White House in which an armed individual was fatally shot by law enforcement officers.

Government lawyers also cited growing concerns surrounding political violence and threats aimed at elected officials and public figures.

Court records indicate that Secret Service agents questioned protesters about the meaning of the display. According to those filings, demonstrators told investigators that they wanted Trump removed from office but had no desire to see him physically harmed.

While acknowledging the government’s broader concerns, Moss maintained that those fears did not change the plain meaning of the group’s expression.

Under the judge’s order, the National Park Service must allow the display to remain in place for the next two weeks while the legal challenge continues to move through the courts.