A federal district court has permanently barred the National Park Service from removing or confiscating an 8647 flag and related displays near Washington, D.C., following a June 29 ruling that deemed the protest materials protected under the First Amendment.
The order, issued by U.S. District Judge Randolph D. Moss—a judge appointed by Barack Obama—granted Accountability NOW USA summary judgment and imposed a permanent injunction against the Park Service and Interior Department officials. The decision explicitly prohibits the government from revoking the group’s demonstration permit or seizing property associated with the 8647 flag, which has been displayed continuously on federal land near the George Meade Statue on Constitution Avenue since June 2026.
The National Park Service previously argued that the flag constituted a “true threat” against the President under 18 U.S.C. § 871 and requested its removal after more than two weeks of display, claiming it violated permit terms. Judge Moss rejected this interpretation, ruling that the materials do not fall within narrow First Amendment exceptions for obscenity, true threats, or incitement. The court concluded the displays qualify as protected political speech in a public forum under a valid demonstration permit.
The injunction applies to all Interior Department officials and agents acting under their authority, preventing future efforts to compel the group to remove the message while maintaining its permit. Accountability NOW USA’s legal team represented the group before Judge Moss, who noted the absence of material factual disputes allowed the ruling to resolve the case on its merits without further evidence or appeal at the district court level. The decision aligns with prior precedents protecting protest speech critical of public officials in federal spaces.
