Legal experts warn Comey ‘8647’ indictment faces First Amendment hurdles
Former FBI Director James Comey has been indicted under federal statutes prohibiting threats against the president, stemming from a social media post featuring seashells arranged as '86 47'. Legal experts are divided on whether the charges will withstand First Amendment scrutiny, with some arguing the post constitutes protected speech. Prosecutors must prove the post was a 'true threat' made with intent, a high legal bar that could complicate the case.
- ▪James Comey was indicted under 18 U.S.C. § 871 and 18 U.S.C. § 875(c), which criminalize threats against the president and interstate threats.
- ▪The charges relate to a social media image of seashells forming the numbers '86 47,' posted during a beach walk in North Carolina.
- ▪Legal experts like Jonathan Turley argue the image is likely protected speech and would face significant constitutional challenges if prosecuted.
- ▪Others, including Mike Davis of the Article III Project, contend that threats against a sitting president are not protected by the First Amendment.
- ▪Prosecutors must prove the statement was a 'true threat' made knowingly and with intent, which may be difficult based on public information.
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| Canonical URL | https://www.foxnews.com/politics/legal-experts-warn-comey-8647-indictment-faces-first-amendment-hurdles |
| Publication time | Tue, 28 Apr 2026 17:19:23 -0400 |
| Retrieval time | 2026-04-28T21:24:39.797Z |
| Last seen | 2026-04-28T21:24:39.797Z |
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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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