A federal judge in Washington, D.C., ruled Monday that protesters displaying a flag bearing the message “86 47” near the U.S. Capitol were engaging in protected political speech and not making a threat against President Donald Trump.
U.S. District Judge Randolph Moss, who was appointed by former President Barack Obama, sided with Accountability Now USA, an advocacy group that has maintained a round-the-clock protest near the Capitol calling for Trump’s impeachment. The ruling came after members of the group said they were repeatedly pressured by law enforcement officials over several months to remove the flag and other signs.
The decision arrives as a separate legal case unfolds involving former FBI Director James Comey, who was indicted on charges of threatening the president after posting an Instagram photo showing seashells arranged to form the numbers “86 47.” The same numbers have also appeared painted on Washington’s Reflecting Pool in recent weeks.
The Trump administration has argued that “86,” a term commonly used in restaurants to indicate an item should be removed or is unavailable, can also be interpreted as slang for killing someone. The number “47” is understood as a reference to Trump, as the nation’s 47th president.
In his opinion, Moss wrote that “86” originated in “1930s soda-counter slang” and historically meant to “throw out,” “refuse service,” or “get rid of” someone or something. He noted that dictionary references have generally not adopted a violent definition because of its relatively recent and infrequent usage.
Accountability Now USA obtained a National Park Service permit in April to demonstrate near the George Gordon Meade Memorial, just blocks from the Capitol and the National Mall. According to court filings, the group plans to renew the permit when it expires in August.
Members of the organization described several contentious encounters with officials from the Secret Service and the National Park Service. They said authorities repeatedly demanded the removal of signs and suggested participants could face arrest if they refused.
One dispute centered on signs referencing Trump’s association with Jeffrey Epstein. According to court filings, a National Park Service official informed the group that a sign stating Trump supporters “love child rapists” constituted unprotected obscenity and had to be removed.
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After the group raised the “86 47” flag, members said they faced additional scrutiny. Court filings state that Secret Service agents visited the protest site and asked whether the flag was intended as a threat. A volunteer responded, “I want Trump to live forever and rot in jail where he belongs,” after which the agents left.
The Justice Department argued that the government has a “strong public and governmental interest” in investigating potential threats against the president, even when those threats ultimately prove unfounded. According to court filings, the Secret Service has investigated more than 1,300 instances of individuals using the phrase “86-47,” most of them in online posts.
