Judge blocks action over 8647 flag, says it was not a true threat

A federal judge blocked the National Park Service from moving against an “8647” flag displayed by Accountability Now USA, finding that the banner could not plausibly be read as a threat of violence against President Donald Trump. U.S. District Judge Randolph Moss issued a temporary restraining order on June 1 that lasts 14 days and bars the agency from removing the flag, revoking the group’s permit, or seizing the sign.

Moss said the government had no articulable evidentiary basis to conclude the speech threatened Trump’s life or safety. Instead, he found that in the context of the protest on Constitution Avenue in Washington, D.C., near the National Mall and the George Meade statue, the message amounted to political advocacy for Trump’s impeachment and removal from office. The ruling used Merriam-Webster’s common definition of “eighty-six” as “to throw out” or “to get rid of,” while noting that the dictionary also recognizes a newer killing-related usage that remains sparse and relatively recent.

The decision lands in the shadow of a separate criminal case against former F.B.I. director James Comey, who was indicted on April 28 over a May 2025 Instagram post showing seashells arranged to read “86 47.” Federal prosecutors say that message could be read as a threat to kill or injure Trump; Comey has denied any such intent and deleted the post the same day he published it. The indictment invokes federal threat statutes 18 U.S.C. § 871 and 18 U.S.C. § 875, making the dispute over “8647” far more than a fight over protest signage.

Accountability Now USA sued on April 23 after the Park Service told the group on April 15 that its signs were unlawful obscenity and not protected by the First Amendment. The group had begun displaying two signs on March 4 after news reports about allegations in the Epstein files: “TRUMP RAPED LITTLE GIRLS” and “KIDS, IF YOUR PARENTS ARE MAGA, THEY LOVE CHILD RAPISTS.” Secret Service agents visited the protest on May 12 and were told demonstrators wanted Trump out of office but wished him no physical harm.

The ACLU of the District of Columbia, which represents the group, said the order protected the First Amendment right to display the flag. Anita Carey, the group organizer, said the court saw through what she called baseless accusations and said the organization would resume flying the flag. Laura Follansbee, a staff attorney for the ACLU of D.C., said the ruling recognized that the real threat is government punishment of criticism. The broader test now exposed by Moss is where protest speech ends and true threat law begins.