A federal judge on Monday temporarily blocked the National Park Service from revoking a permit for a round-the-clock anti-Trump protest in Washington, D.C., after the agency cited the display of an “86 47” flag as grounds for cancellation. The ruling, issued by U.S. District Judge Randolph Moss, marks a significant win for free speech advocates amid escalating tensions between protest organizers and federal authorities.
The Secret Service had argued that the phrase “86 47”—where “86” is slang for removing or discarding something, and “47” refers to President Trump as the 47th president—could incite violence. Court documents reveal that federal officers ordered the flag removed last week, shortly after a shooting near the White House. The protest, organized by the group Accountability Now USA, is taking place on National Park Service land roughly a mile from the White House.
In his 21-page opinion, Judge Moss wrote, “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.” He added, “On the current record, Defendants have offered no basis to doubt that Plaintiff is engaged in fully protected First Amendment activity.”
Broader Legal Battle Over Signs
The dispute extends beyond the flag. The National Park Service and the protesters are also clashing over other signs displayed at the demonstration, including one that reads, “Kids, if your parents are MAGA, they love child rapists.” The NPS contends that such messages constitute unprotected obscenity and can be constitutionally prohibited, but Judge Moss has not yet ruled on that aspect. For now, he has barred the NPS from using the flag as a basis to revoke the demonstration permit for the next two weeks.
The protest has been running for weeks near the George Meade Statue in Washington, D.C., close to the intersection of Pennsylvania Avenue NW and Constitution Avenue NW, outside a federal courthouse. Volunteers from Accountability Now USA have been maintaining a continuous presence, engaging passersby in conversations and demanding Trump’s impeachment.
Security Concerns and Investigations
The Secret Service has expressed serious concerns about the “86 47” flag. Deputy Director Matthew Quinn stated in court filings, “Based on my training and experience, I believe that this term, as it is understood today, can incite violence by others.” The agency disclosed that it has investigated or is currently investigating over 1,300 instances of individuals using the phrase “86 47,” as well as cases involving “86 46” in reference to former President Biden.
The government ordered the flag taken down last week, just days after an individual opened fire near the White House. Officials have also cited the White House Correspondents’ Dinner shooting and other recent incidents in the capital as part of their security rationale.
Protesters insist their message is purely political, aimed at demanding impeachment, not violence. The Secret Service confirmed that a protester seen displaying the flag is now under investigation.
Judge Moss, an appointee of former President Obama, works in the courthouse adjacent to the protest site. The Hill has reached out to the National Park Service for comment on the ruling.
This case underscores ongoing tensions between free speech protections and security concerns in the nation’s capital. For more on related free speech battles, see our coverage of the Trump administration’s NDA proposal for federal workers and the ‘No Kings’ movement’s nationwide protest plans.
