The cryptic “8647” flag flying outside Washington, D.C.’s federal courthouse is not coming down, at least not yet. A federal judge on Monday barred the National Park Service from forcing demonstrators to remove the banner at their round-the-clock protest while the group pursues a First Amendment challenge.
U.S. District Judge Randolph D. Moss issued a temporary restraining order that, for 14 days, prevents the Park Service from revoking Accountability NOW USA’s protest permit or seizing the banner, according to the court's memorandum opinion. The opinion notes that the group’s permit was issued on April 13 and runs through August 12, 2026, and it identifies the demonstration site as the area near the George Meade statue on Constitution Avenue. The order becomes effective once the group posts a $1 bond with the clerk.
What the Judge Said
In a press release, the ACLU of the District of Columbia quoted Moss as writing that “the government seeks to squelch core political speech,” and that officials had offered no evidentiary basis to treat the banner as a true threat. The organization said the ruling confirms that the protesters have a right to engage with passersby at a publicly accessible spot in front of the courthouse.
How '8647' Wound Up in Court
The number “8647” has become a political flash point since it began circulating in recent political posts and became entangled with a separate criminal matter involving former FBI director James Comey, as reported by The New York Times. According to The New York Times and court filings, Secret Service agents checked on the demonstration in mid-May, and park police returned on May 27 and told volunteers the flag had to come down or the protest permit could be revoked.
What '8647' Means
“86” most commonly means “to throw out” or “get rid of,” a usage Merriam-Webster traces to 1930s soda-counter slang, though the term has picked up other, less common meanings over the years. That linguistic wiggle room was central to Moss’s analysis of whether the banner should be read as an unlawful threat or as a political demand.
Accountability NOW USA said it will put the banner back up and plans to apply for another permit after the current one expires, the ACLU of the District of Columbia noted. “Today’s order is a win for everyone’s First Amendment rights,” ACLU-D.C. staff attorney Laura Follansbee said in the group’s statement.
What's Next
The temporary restraining order lasts 14 days from the date of the ruling and takes effect once the $1 bond is posted, the court's opinion states. If the government wants to continue pressing its enforcement efforts after that, both sides will have to build a fuller record at the preliminary injunction stage.
Legal Context
Moss applied longstanding First Amendment standards for “true threats” and incitement, concluding that the government had not shown the protesters’ display met the high bar for unprotected speech, The New York Times reports. The judge emphasized that broad concerns about political violence cannot substitute for evidence that a particular message poses a real, immediate danger.
