A “86-47” protest flag near the National Mall can keep flying, a federal judge has ruled. US District Judge Randolph Moss on Monday issued a restraining order barring the National Park Service from taking down Accountability Now USA’s flag for at least two weeks, finding the slogan is aimed at impeaching and removing the 47th president, not inciting violence, Politico reports. Citing Merriam-Webster, the Obama-appointed judge noted “86” long meant “to throw out” in diner slang, and said any violent meaning is too recent and rare to justify restricting speech—especially without “imminent” danger, as the Supreme Court requires.
Secret Service agents who checked out the protest in May were told participants wanted Trump out of office but not harmed. The case grew out of a broader clash between the Park Service and the liberal group, which was previously warned that its Epstein-related signs about Trump—one claiming he “raped little girls”—could be deemed obscene; Moss’ opinion did not resolve that issue. His ruling, which doesn’t exclude “86-47” being threatening in some other context, lands as former FBI director James Comey faces criminal charges over an “8647” Instagram post he said was misinterpreted. In its filings, the Trump administration said the Secret Service has investigated more than 1,300 uses of the term, mostly online, per the New York Times.
