Judge Protects '8647' Flag and Two Other Displays as Political Speech Near National Mall

U.S. District Judge Randolph Moss ruled Monday that the "8647" flag flown by Accountability Now USA near the National Mall is protected political speech and does not constitute a true threat or incitement of violence. The same ruling found that two additional flags displayed by the group, which accused President Trump of sexually assaulting a minor, are not legally obscene and remain protected under the First Amendment.

Fox News reported that Accountability Now USA had sued after the National Park Service threatened to revoke its permit over the displays. Moss, appointed to the bench by former President Barack Obama and previously a Justice Department official under former President Bill Clinton, noted in an earlier order that a genuine threat to the president's safety would outweigh free-speech interests.

A Department of Interior spokesperson told Fox News Digital that the opinion came from an Obama-appointed judge and that flying a flag threatening the Office of the President should not be permitted under any administration.

The spokesperson added that threats against the president must be taken seriously. The ruling follows incidents in which the numbers "8647" appeared etched into grass between the Washington Monument and the World War II Memorial last month, prompting investigators to collect grass samples.

President Trump had ordered restoration and repainting of the Reflecting Pool, which later sustained razor-blade cuts to its lining.

President Trump is scheduled to attend the Salute to America event on July 4, with remarks expected around 9 p.m. ET.