A federal judge has ordered the National Park Service not to interfere with a liberal organization’s display of an “86-47” flag at its ongoing demonstration near the National Mall, rejecting the contention that the phrase was meant as a coded call for violence against President Donald Trump.
U.S. District Judge Randolph Moss issued a two-week restraining order Monday at the request of Accountability Now USA, which has been protesting Trump for months at a site in front of the federal courthouse on Constitution Avenue.
Moss concluded that the group intended to advocate for Trump’s removal from office via impeachment, and that “86” is not an unambiguous call to political violence — and certainly not the kind of “imminent” violence that would be necessary to justify restrictions on speech.
“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.re 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,’” Moss wrote.
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