The Insane Clown Posse and their Juggalo fans say they're NOT a gang ... but for now the FBI can keep calling them one because a federal judge has tossed out the band's lawsuit.
ICP had filed the suit -- along with several Juggalos -- claiming the FBI wrongly classified them as a hybrid criminal gang. They say police hassle them because of the gang label. One fan who sued is in the military and fears punishment from superiors.
But a federal judge dismissed the case last week ... saying ICP should not have sued the FBI ... because the harassment is coming from local law enforcement agencies -- not the Feds. As for the military plaintiff ... the judge pointed out nothing's actually happened to him yet.
The Juggalos -- who usually identify themselves with tattoos of the ICP's hatchetman logo -- say the fight isn't over ... their ACLU lawyers have already filed an appeal.