A federal judge appointed by former President Barack Obama has ruled that an anti-Trump flag bearing the message "8647" is protected political speech under the First Amendment. The ruling, issued by U.S. District Judge Randolph Moss in Washington, D.C., allows the flag to be flown, delivering a victory to the progressive group Accountability Now USA.
The group flew the flag near the National Mall and alleged that the National Park Service (NPS) violated their First Amendment rights by threatening to revoke their permit. The message "8647" is interpreted as "86" meaning to remove or refuse service, combined with "47" referring to President Donald Trump as the 47th U.S. president.
In his ruling, Judge Moss stated that the "8647" flag is "not a true threat to the President or incitement of violence." He also ruled that two other flags displayed by the group, which accused the president of sexual assault, were not legally obscene and are therefore also protected.
"This opinion is from an Obama-appointed judge," a Department of Interior spokesperson told Fox News Digital. "Flying a flag that is a threat to the Office of the President of the United States should not be permitted under any administration. In what world have we lost all decency to demand that any threat against the President be taken very seriously?"
The dispute arises amid heightened scrutiny of "8647" messages, particularly after the numbers were found etched into the grass on the National Mall between the Washington Monument and the World War II Memorial. Federal authorities have collected grass samples for examination as part of an investigation into the vandalism.
The ruling comes as Washington D.C. prepares for increased crowds and security for major events, including the "Salute to America" event on July 4th, which President Trump is scheduled to attend. The National Mall has been the site of several acts of vandalism in recent months, including damage to the Reflecting Pool and monuments.
Judge Moss, appointed to the federal bench by President Obama, previously served in the Justice Department under President Bill Clinton and has contributed to Democratic candidates and causes.