Legal experts warn Comey ‘86 47’ indictment faces First Amendment hurdles
Former FBI Director James Comey has been indicted over a social media post featuring seashells arranged as '86 47,' which prosecutors allege constitutes a threat against President Donald Trump. Legal experts argue the case may face significant First Amendment challenges, as the image alone may qualify as protected speech. The outcome may hinge on whether prosecutors can prove the post was a 'true threat' made with criminal intent.
- ▪James Comey was indicted under 18 U.S.C. § 871 and § 875(c), which prohibit threats against the president and interstate threats to harm others.
- ▪The charges stem from a social media image of seashells forming the numbers '86 47,' posted during a beach walk in North Carolina.
- ▪Legal analysts, including George Washington University law professor Jonathan Turley, argue the image is likely protected speech absent additional evidence of intent.
- ▪Some legal figures, like Mike Davis of the Article III Project, contend that threats against a president are not protected by the First Amendment.
- ▪Prosecutors must prove the statement was a 'true threat' made knowingly and with intent, a high legal bar based on current public information.
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| Original publisher | Fox News — Latest |
| Canonical URL | https://www.foxnews.com/politics/legal-experts-warn-comey-86-47-indictment-faces-first-amendment-hurdles |
| Publication time | Tue, 28 Apr 2026 17:19:23 -0400 |
| Retrieval time | 2026-04-28T21:29:39.820Z |
| Last seen | 2026-04-28T21:29:39.820Z |
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First Amendment Legal experts warn Comey ‘86 47’ indictment faces First Amendment hurdles Charges under 18 U.S.C. § 871 require proof of intent, and Comey's public explanation could complicate matters for prosecutors By Morgan Phillips Fox News Published April 28, 2026 5:19pm EDT Facebook Twitter Threads Flipboard Comments Print Email Add Fox News on Google close Video James Comey 'totally abused his power,' GOP lawmaker says Sen. Jim Banks, R-Ind., discusses the indictment of former FBI Director James Comey for the second time on 'America Reports.' NEWYou can now listen to Fox News articles! Legal questions are emerging over whether charges against former FBI Director James Comey would withstand a First Amendment challenge as he is indicted for a social media post allegedly tied to…
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