Judge says ‘86 47’ flag can stay up, rejects claims it was a threat to Trump

The decision comes amid scrutiny of the phrase following former FBI Director James Comey's prosecution over a social media post featuring the same slogan
A federal judge has ruled that an anti-Trump protest group can continue displaying its '86 47' flag, finding the slogan is protected political speech (Getty Images)
A federal judge has ruled that an anti-Trump protest group can continue displaying its '86 47' flag, finding the slogan is protected political speech (Getty Images)

WASHINGTON, DC: A federal judge has ruled that the National Park Service (NPS) cannot stop a protest group from displaying an '86 47' flag during demonstrations against President Donald Trump, finding that the phrase does not amount to a true threat of violence.

The ruling comes amid heightened scrutiny over the slogan following the federal prosecution of former FBI Director James Comey, who was indicted after posting a photo on Instagram showing seashells arranged to spell out "86 47." Critics of that case have argued that the phrase has multiple meanings and does not necessarily constitute a threat.



Court blocks flag restrictions

Judge Randolph Moss of the US District Court for the District of Columbia granted a temporary injunction on June 2 in favor of Accountability NOW USA, a group that has maintained a 24-hour protest on Constitution Avenue in Washington, DC.

The group received a permit from the National Park Service on April 13, allowing demonstrations through August 12. The dispute arose after federal authorities warned volunteers that displaying an '86 47' flag could violate the permit because the government viewed the phrase as a possible threat against Trump, the 47th president of the United States.



Moss ruled that the government had failed to demonstrate that a reasonable person would view the flag as "a serious expression of an intent to commit an act of unlawful violence" against the president.

Phrase at the center of debate

In his 21-page ruling, Moss examined the meaning of the slang term '86,' noting that it has several definitions and is most commonly used to mean removing, rejecting, or getting rid of something.

"Not every use of the slang phrase '86' constitutes a threat of violence; to the contrary, it is most often used to mean that an item is no longer available or that someone or something should be removed, ejected, or thrown out," Moss wrote. "But it can, in some contexts, mean 'to kill.'"

The judge cited Merriam-Webster's definition, which describes '86' as a slang term with no single meaning and notes that its most common usage remains tied to its service-industry origins.

While Moss did not directly address Comey's criminal case, the ruling highlighted many of the same arguments raised by legal experts who have criticized the prosecution.

Protest group's encounter with authorities

According to the ruling, a volunteer displaying the flag was approached by Secret Service officers on May 12 after authorities received a complaint.

When asked about the phrase, the volunteer said she had "never heard of it standing for anything other than Trump shouldn't be in office."

The officer later asked whether she had any ill will toward Trump. She responded, "I want Trump to live forever and rot in jail where he belongs."

The ruling said additional Secret Service officers later read the volunteer her Miranda rights, leading her to fear she could be arrested over the flag. No arrest was made, but the incident prompted Accountability NOW USA to expand an ongoing lawsuit backed by the American Civil Liberties Union of the District of Columbia.

GET BREAKING U.S. NEWS & POLITICAL UPDATES
STRAIGHT TO YOUR INBOX.

MORE STORIES

Kaitlyn Tracey, who is currently in ICE custody, allegedly overstayed her visa after entering the United States in April 2024
2 hours ago
The video shows Joe Biden promoting his upcoming memoir, 'Promise Me, America', which is scheduled for release in November, at Jill Biden's book event
6 hours ago
As tributes pour in from around the world, organizers are working through complex plans for Lindsey Graham’s final farewell
8 hours ago
A water main break caused a sinkhole and road closures, while West Hollywood Mayor John Heilman said no serious injuries were reported
8 hours ago
The flooding hit Texas Hill Country, still recovering from the 2025 disaster that killed 100+ people, including Camp Mystic children and counselors
12 hours ago
The 28-year-old press secretary had stepped away from the briefing room in late April as she prepared to welcome her second child
14 hours ago
An overnight water main break sent floodwaters rushing through West Hollywood, forcing road closures and prompting an emergency response
16 hours ago
Asked if she would ever consider entering politics, Kai offered an unequivocal response
17 hours ago
A Blue Angels aircraft flew lower over Florida's Beach, whipping up sand and sending beach equipment airborne as stunned spectators looked on
18 hours ago
Kai Trump stunned in a sparkling gold gown with embellished straps, a sweetheart neckline and a thigh-high slit, channeling classic Hollywood glamour
1 day ago