JONATHAN TURLEY: Comey’s shell post may be crass, but charging him is a free speech trap
Former FBI Director James Comey has been indicted over a social media post featuring the numbers '86 47' arranged in shells on a beach, which some interpreted as a threat against President Donald Trump. Legal scholar Jonathan Turley argues the charges are likely unconstitutional, as the post constitutes crude political speech protected by the First Amendment. He contends that without evidence Comey intended a genuine threat, the prosecution faces a high legal bar under Supreme Court precedent. While the post may be distasteful, Turley maintains that such speech must be protected to preserve free expression.
- ▪James Comey was indicted over a social media post showing the numbers '86 47' in shells, allegedly interpreted as a threat to kill President Trump.
- ▪Comey claims he did not create the shell arrangement and only shared it without realizing the numbers could be seen as violent.
- ▪Legal expert Jonathan Turley argues the indictment violates the First Amendment because the post does not meet the legal standard of a 'true threat.'
- ▪Supreme Court rulings, including Watts v. United States, have protected offensive political speech that does not convey a serious intent to commit violence.
- ▪The case hinges on whether prosecutors can prove Comey intended the post as a genuine threat, not just crude political commentary.
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Opinion JONATHAN TURLEY: Comey’s shell post may be crass, but charging him is a free speech trap The '86 47' shell image was crude political speech, not a true threat under Supreme Court precedent By Jonathan Turley Fox News Published April 28, 2026 7:53pm EDT | Updated April 28, 2026 7:55pm EDT Facebook Twitter Threads Flipboard Comments Print Email Add Fox News on Google close Video James Comey indicted over ‘86 47’ social media post, accused of threats against Trump Fox News correspondent David Spunt reports on the Justice Department’s charges against former FBI Director James Comey over an ‘86 47’ social media post allegedly threatening President Donald Trump on ‘Special Report.’ NEWYou can now listen to Fox News articles! In the last year, coverage of former FBI Director James Comey…
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