A federal judge on Monday blocked the National Park Service from revoking the protest permit of an anti-Trump demonstration group over its display of an “86 47” flag near the National Mall, ruling the message is protected political speech and ordering the agency to stand down for at least two weeks.
U.S. District Judge Randolph Moss, an Obama appointee who works in a federal courthouse adjacent to the protest site, issued the temporary order in a 21-page opinion following a court hearing.
“The government seeks to squelch core political speech without any articulable, much less evidentiary, basis for concluding that the speech actually threatens the life or safety of the President,” Moss wrote. “On the current record, Defendants have offered no basis to doubt that Plaintiff is engaged in fully protected First Amendment activity.”
The protest is run by Accountability Now USA. Volunteers have maintained a continuous presence near the George Gordon Meade statue at the corner of Pennsylvania Avenue and Constitution Avenue Northwest in Washington, D.C., roughly one mile from the White House. The group takes shifts around the clock and told the court it uses the vigil to demand Trump’s impeachment through face-to-face conversations with passersby.
NPS originally granted the group a permit, but tensions escalated last month when protesters began displaying a red, white and blue flag carrying the message “86 47.” The government ordered the flag removed last week, days after an individual opened fire on Secret Service agents outside the White House. Recent security incidents in the capital, including a shooting at the White House Correspondents’ Association dinner, have raised the security posture around the president.
Secret Service Deputy Director Matthew Quinn submitted a court declaration arguing the flag crosses from political expression into incitement.
“Based on my training and experience, I believe that this term, as it is understood today, can incite violence by others,” Quinn wrote.
The agency also disclosed it is conducting or has conducted investigations into more than 1,300 instances of people using the phrase “86 47.” The Secret Service noted it has similarly investigated uses of “86 46,” a phrase previously directed at former President Biden.
The term “86” is slang for eliminating or removing something. Protesters told the court the flag calls for Trump’s removal from office through legal means. The Secret Service does not accept that interpretation and told the court that at least one protester seen displaying the flag is under active investigation.
The “86 47” phrase has become a recurring legal flashpoint in Washington. Former FBI Director James Comey was indicted on charges connected to his use of the phrase on social media.
