A federal judge on Monday ordered the National Park Service to permit a liberal advocacy group to display an “86 47” flag near the National Mall, ruling that the message qualifies as protected political speech and does not constitute a threat against President Donald Trump.
U.S. District Judge Randolph Moss granted Accountability Now USA a two-week temporary restraining order, allowing the group to continue its anti-Trump demonstrations outside federal courthouses on Constitution Avenue.
The legal dispute centers on the group’s display of a flag bearing the phrase “86 47,” a slogan that gained heightened attention following the indictment of former FBI Director James Comey after he posted an image of seashells arranged to show “8647” on social media. Comey later deleted the post, apologized, and denied intending to encourage violence.
In Moss’ ruling, he rejected government arguments that the display amounted to a threat against the president. He stated: “The Court does not doubt that political violence is on the rise and poses a grave threat not just to the targets of 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 concluded that Accountability Now USA intended the phrase to advocate Trump’s removal from office through impeachment rather than violence. He also found that the term “86” does not carry a single universally accepted meaning and that the group’s display did not amount to incitement of imminent lawless action.
As part of his opinion, Moss cited a Merriam-Webster dictionary definition for “eighty-six,” noting it dates back to the 1930s and can mean “to throw out” or “to get rid of.”
Justice Department attorneys argued that the phrase’s meaning became more threatening after a May 24 incident near the White House in which an armed man was shot and killed by law enforcement. Government lawyers also highlighted recent concerns about threats against public officials and political violence.
According to court filings, Secret Service agents interviewed protesters regarding the display. Participants indicated they wanted Trump removed from office but did not wish him any physical harm.
Moss acknowledged these broader concerns in his ruling but emphasized that the government’s fears did not alter the meaning of the group’s message.
The temporary restraining order remains in effect for two weeks as litigation proceeds.
