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Judge Bars Park Service From Removing Protest Flag

6/2/2026

37 7 Full Breakdown

Left

Judge Moss Blocks

Accountability NOW USA volunteers purchased an “86 47” flag on Amazon and raised it at their 24-hour Constitution Avenue protest.
U.S. District Judge Randolph Moss barred the National Park Service from revoking the protest permit or removing the flag.
ACLU of the District of Columbia hailed the ruling as a First Amendment victory.
Judge Moss said government was suppressing speech without evidence of threat to President Donald Trump.

Right

Judge Moss Blocks

Protesters displayed an “8647” flag that some interpret as a call to kill President Donald Trump.
U.S. District Judge Randolph Moss barred the National Park Service from revoking the Washington, D.C., protest permit.
Prosecutors said flag incite violence against President Trump and ordered removal after White House shooting.
Protesters demand Trump impeachment, not his death, as prosecutors deem a MAGA-parent sign obscene.

History

Historical Context

After the U.S. Supreme Court’s 1969 decision in Brandenburg v. Ohio rejected the earlier “bad-tendency” approach and required that speech be intended, imminent, and likely to incite lawlessness, lower courts have applied the test to curb pre-emptive bans. Judge Randolph Moss invoked Brandenburg to deny the National Park Service’s effort to revoke a flag-protest permit, reaffirming First Amendment protection.

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Judge Moss Blocks

Accountability NOW USA volunteers purchased an “86 47” flag on Amazon and raised it at their 24-hour Constitution Avenue protest.
U.S. District Judge Randolph Moss barred the National Park Service from revoking the protest permit or removing the flag.
ACLU of the District of Columbia hailed the ruling as a First Amendment victory.
Judge Moss said government was suppressing speech without evidence of threat to President Donald Trump.

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