A federal judge in Washington ruled on Monday that protesters criticizing President Trump near the Capitol cannot be forced to remove a flag reading “8647.” Judge Randolph D. Moss determined that the message does not constitute a true threat against the president’s life and is protected speech.
The ruling follows months of friction between the advocacy group Accountability Now USA and law enforcement. The group, which has maintained a 24-hour demonstration near the George Meade Statue since April, reported repeated demands from the Secret Service and the National Park Service to remove various signs and the “8647” flag under threat of arrest.
Legal Context and Interpretations
The dispute centers on the meaning of the number “86,” which the Trump administration has argued could be interpreted as a death threat, with “47” serving as a reference to the president. Judge Moss turned to the Merriam-Webster dictionary to examine the phrase, noting it originated in “1930s soda-counter slang” to mean “throw out” or “to get rid of.” He concluded that in the context of a protest focused on the impeachment and “removal” of the president, the message could not be viewed by a reasonable observer as a credible threat.
This legal challenge shares similarities with the criminal case against former F.B.I. Director James Comey, who was indicted in April over an Instagram post featuring seashells arranged into the same numerical sequence. While the administration has maintained a strong public interest in investigating potential threats, the acting attorney general, Todd Blanche, noted in May that individuals lacking Mr. Comey’s profile would not face similar levels of scrutiny.
Looking Ahead
Judge Moss has barred the Interior Department and Kevin Greiss, the superintendent of the National Mall, from interfering with the group’s demonstration for two weeks. As the group intends to renew its protest permit when it expires in August, the administration could potentially seek further legal avenues to challenge the presence of the signage. If the government continues to view the “8647” messaging as a security concern, future clashes regarding the boundaries of protected speech on federal land may remain a possibility.
Frequently Asked Questions
What was the basis for the government’s attempt to remove the flag?
The Trump administration argued that there was a strong governmental interest in investigating potential threats against the president, claiming the phrase “86” could be interpreted as a death threat.
How did Judge Moss interpret the phrase “8647”?
Judge Moss determined the phrase, when used in the context of a demonstration calling for the impeachment and removal of the president, is not a credible threat. He noted the term “86” is historically used to mean “throw out” or “get rid of.”
What is the current status of the protest?
The protest is permitted through August, and Judge Moss has issued an order preventing the Interior Department and the superintendent of the National Mall from interfering with the demonstration for a two-week period.
How do you believe the balance between presidential security and the right to protest should be maintained in public spaces?
