WOOT!! JUDGE SMACKS ADMINISTRATION FOR VIOLATING PROTESTER’S 1A RIGHTS OVER ‘8647’ FLAG!!
by Anne P. Mitchell, Esq. – zero hyperbole and 100% facts in plain English about what’s going on with this administration and the law
I love the smell of Court-smacking in the morning, don’t you?
Plaintiff Accountability Now USA was issued a permit to protest on National Park Service (NPS) land on April 13, 2026, and the permit is valid through August 12, 2026.
Now the background to this is that in February (prior to the current permit) Accountability’s members started displaying signs during their protest on NPS land that talked about Trump doing bad things to little girls. (I’m not going to quote them here but they are spelled out in the Court’s opinion, which is included for Notes from the Front members). They also started displaying an ‘8647’ flag.
On April 14th, so a day after the current permit was issued, the contact at Accountability Now USA received an email from NPS saying that NPS had reviewed images from Accountability’s protest, and that “Based on the photographic evidence from earlier today, the organization’s first amendment permit is displaying unprotected obscenity in signs or media. This is not protected by the first amendment and is therefore prohibited and a violation of law.”
After a bit of back and forth Accountability retired the “obscene” signs and filed this lawsuit, on the grounds that their 1st Amendment rights were being violated.
And they continued displaying the ‘8647’ flags.
Last month Secret Service agents approached an Accountability volunteer who was displaying the 8647 flag. At first they were nice (that conversation is quoted in the Court’s opinion). But then other agents confronted her and were… less nice, also quoted in the Court’s opinion. In fact, the second set of agents *Mirandized* her (recited her Miranda rights), even though she was not even remotely under arrest! This, of course, scared her and led her to believe that she possibly *was* facing arrest!
THEN the Secret Service opened an investigation into the 8647 flag, and the volunteer holding it, as a threat.
Also on May 26th the Secret Service gave the information about their investigation into the 8647 flag to the Department of the Interior.
On May *27th* *4* U.S. Park Police cars, full of U.S. Park Police officers, pulled up to where the volunteer with the flag was located, and told her:
“18 U.S. Code §874.1 Threats against the President. Right now, we’re looking at the 8647 as a threat against the President. Can I ask you to take it down please?”
(Note that there *is* no §874, they probably meant §871.)
Accountability Now USA immediately amended their lawsuit to include the violation of and threats against their 1st Amendment rights over the 8647 flag.
Of course Judge Moss issued a restraining order, enjoining the NPS from “revoking Plaintiff’s demonstration permit as a result of Plaintiff’s display of its “8647” flag, or otherwise ordering the removal of or seizing Plaintiff’s “8647” flag.”
I’ll bet that Judge Randolph Moss never imagined, when he took his oath, that he would pen a 20-page opinion, and accompanying order (also included for Notes from the Front members) based almost entirely on the definition of and what it means to ’86’ something.
It is both ridiculous and yet at the same time very serious. It is amazing how so often with this administration two seemingly opposite things can both be true.
(Seriously, you should definitely read this opinion, it’s amazing how seriously and masterfully Judge Moss treats the issue!)
And, oh yeah, he ended the order with our favourite small act of defiance: requiring a $1 bond from Accountability Now USA.
(I sure would love to be in a room with Judge Moss, Judge Boasberg, and a few other judges from this epoch. I can only imagine what that conversation would be like!)
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “ridiculous”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about something that’s ridiculous! ;~) (Ha! I’ll bet you thought the word would be “8647”, didn’t you? :~))
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