A federal judge barred the National Parks Service from blocking a protest group’s ’86 47′ flag, finding it was not a call to violence against Trump

A federal judge has blocked the National Parks Service from stopping a protest group from flying its 86 47 flag. Judge Randolph D. Moss of the U.S. District Court for the District of Columbia issued a 21-page order, granting a temporary injunction to the group Accountability NOW USA. The judge found it was unreasonable to read the flag as a call to violence against President Donald Trump.

The group, which has kept up a 24-7 protest on Constitution Avenue in Washington, D.C., first ran into trouble with the National Parks Service over signs about the Epstein Files. While that legal fight over its permit and signs continued, the group began displaying a flag it bought on Amazon that simply showed the text 86 47.

The government argued this was a threat, according to Mediaite. The dispute grew tense, and Secret Service officers read a volunteer her Miranda warnings after she spoke about the flag. U.S. Park Police later arrived at the protest site and demanded the flag be taken down, warning that keeping it up would violate the group’s permit. Accountability Now then amended its ongoing lawsuit to address the flag issue.

The judge examined the meaning of the slang term behind the flag

In his opinion, Judge Moss looked closely at the meaning of the slang term 86. He noted that while it can sometimes mean to kill, it is most often used to mean that someone or something should be removed, ejected, or thrown out. Citing Merriam-Webster, the judge pointed out that the term came from 1930s soda-counter slang and has grown to mean refusing service or rejecting something entirely.

Because the National Parks Service could not give a believable reason to suggest a reasonable person would see the flag as a serious expression of intent to commit violence, the court ruled in favor of the protesters. The judge also pointed to the context of the protest itself. 

The flag was flown as part of an ongoing demonstration that calls for the impeachment and removal of the President through constitutional means. The flag showed no symbols of violence, such as skulls or weapons, and was just a red, white, and blue design with white stars. The dispute is one of several recent clashes involving the President, who recently criticized a judge over a halted project.

The judge further noted that the volunteers had been cooperative and friendly when dealing with law enforcement and that there was no evidence of any threatening conduct. The ruling stops the government from revoking the group’s permit, ordering the flag’s removal, or seizing the item.

The court viewed the government’s actions as an attempt to suppress political speech based on an unsupported possibility that the message might be misunderstood. The case adds to a series of statements the President has made in recent interviews, including remarks about the U.S. position on Iran’s military.

“Today, the court recognized that the real threat is a federal government that seeks to punish criticism and trample on our freedoms,” said Laura Follansbee, staff attorney at ACLU-D.C. “Today’s order is a win for everyone’s First Amendment rights. No one should face government retaliation for expressing their political views.”

Anita Carey, an organizer with Accountability NOW USA, also shared her thoughts on the outcome. “We are pleased that the court saw through the government’s baseless accusations about our 8647 flag,” Carey said. “We want to lawfully, peacefully, and constitutionally impeach and remove the President from office. We will now resume proudly flying our 8647 flag, and we encourage everyone who agrees with us to do the same.”