Judge rules Trump abuse protest signs, ‘86 47’ flag are protected speech

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A federal judge ruled Monday that the National Park Service cannot interfere with a protest group’s ongoing demonstration featuring signs accusing President Donald Trump of sexual abuse and a flag with the caption “86 47.”

In a 52-page summary judgment issued Monday, U.S. District Judge Randolph Moss wrote that the activist group Accountability NOW may continue to display those materials at a 24/7 demonstration it is holding in Washington without risking losing its NPS permit. Moss ruled that the relevant materials are protected under the First Amendment and do not fall within the the narrow category of unprotected speech, as the government argued.

“Although the Court’s opinion is lengthy, that does not mean that this is a hard case. It is not,” Moss wrote. “Plaintiff’s signs and flag fall well within the heartland of protected First Amendment speech, and Defendants offer no plausible basis for suppressing Plaintiff’s core, political speech.”

The White House referred MS NOW’s request for comment on the ruling to the Interior Department, which oversees the National Park Service.

In a statement to MS NOW, an Interior Department spokesperson said that Moss was appointed by President Barack Obama and said, “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?”

“As a reminder, we are approaching America’s 250th and we have visitors of all ages coming to our nation’s capital,” the spokesperson said. “This language is not protected under the First Amendment and is not appropriate.”

The ruling comes after Accountability NOW filed a lawsuit against Interior Secretary Doug Burgum and superintendent of National Mall and Memorial Parks Kevin Greiss in April, when NPS appeared to threaten the group’s permit for displaying two signs accusing Trump of rape of minors. The display of the signs followed an NPR investigation, which MS NOW has confirmed, that alleged the Justice Department withheld some documents from the Epstein files that accused the president of sexually abusing a minor.

Trump has not been charged with any crimes in relation to Jeffrey Epstein. The president has denied any allegations of wrongdoing in connection to the convicted sex offender and has said he cut ties with him upon learning of his crimes. The Justice Department has said any withheld documents from the Epstein files are privileged.

NPS officials asked the group — which has been protesting since December — to take down the signs during an in-person conversation in April. The next day, Greiss wrote in an email that the signs constituted an “unprotected obscenity” and warned the NPS could “impose and enforce permit conditions to prevent unlawful conduct.” The group’s permit is currently valid through August.

Also at issue was an “86 47” flag that the group purchased from Amazon last year and displayed “on and off” at the site, located near the George Meade Statue on Constitution Avenue. As shorthand, “86” means “to cancel,” and “47” refers to Trump’s status as the 47th president. That phrase is also central to a pending federal investigation involving ex-FBI Director James Comey, after he posted a photograph of seashells on a beach arranged in that formulation of numbers.

According to the Monday ruling, the Secret Service approached the demonstration site last month after receiving a complaint about the flag. A protester told officers, “I want Trump to live forever and rot in jail where he belongs.”

“OK. That’s it. That’s all, all I needed to know,” the officer replied.

About 30 minutes later, two other Secret Service members approached the protester and read the Miranda rights to her. When the volunteer declined to speak with officers, the Secret Service opened an investigation, according to the ruling.