A US federal judge has ruled that protesters can keep flying an “86-47” flag as a protest against Donald Trump. The decision blocks authorities from removing the banner. The ruling by District Judge Randolph Moss gave a temporary win for the liberal group behind the demonstration, Accountability Now USA.
The organisation has camped outside the federal courthouse on Constitution Avenue for months, demanding Trump’s removal from office through constitutional means. The Park Service had pushed back, arguing the flag’s message crossed into dangerous territory, but Moss disagreed.
Judge rules about ’86-47′ flag during protest
Moss granted a two-week restraining order on Monday, concluding that the phrase “86-47” does not represent an unambiguous call to political violence. Instead, he accepted the group’s explanation that it simply meant “throw out” the 47th president (via Politico).
“The Court does not doubt that political violence is on the rise and that it poses a grave threat not just to the targets of the threats but to the country as a whole,” the judge wrote in his opinion. “But the enormity of that problem does not change the meaning of Plaintiff’s speech, which by any reasonable measure merely advocated for the President’s impeachment and removal from office — that is, ‘to throw [him] out.'”
The judge, an Obama appointee, leaned on dictionary definitions to make his point. He attached a Merriam-Webster entry tracing “eighty-six” to 1930s soda-counter slang, where it meant to remove something or refuse service. The dictionary does note that the term is sometimes used to reference killing, but editors chose not to adopt that meaning officially, citing how recent and sparse such usage remains.
Moss acknowledged that the phrase could be seen as threatening in certain contexts but stressed that the government must demonstrate “imminent” harm to restrict speech. He found no such evidence here. Court papers show Secret Service agents visited the protest site on May 12 and spoke to participants. The demonstrators shared that they wanted Trump out of office but wished him no physical harm.
