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

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.