Analyzing Indictment of James Comey for "86 47" Post
Former FBI Director James Comey has been indicted for a now-deleted Instagram post showing seashells arranged as '86 47,' which prosecutors allege constitutes a threat against President Trump, the 47th president. The indictment charges Comey with violating federal laws prohibiting threats against the president and interstate threats. Legal scholar Eugene Volokh argues the prosecution is unjustified, asserting the phrase '86' is a nonviolent idiom meaning removal or rejection, not a true threat. He contends the post falls under protected political speech under the First Amendment, citing Supreme Court precedents that protect hyperbolic or crude political expression.
Opening excerpt (first ~120 words) tap to expand
Free Speech Analyzing Indictment of James Comey for "86 47" Post Eugene Volokh | 4.28.2026 5:39 PM <img fetchpriority="high" decoding="async" class="size-full wp-image-8379830" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Comey8647Post.jpg" alt="" width="527" height="801" srcset="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Comey8647Post.jpg 527w, https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/04/Comey8647Post-197x300.jpg 197w" sizes="(max-width: 527px) 100vw, 527px" />Now-deleted Comey post, copied from a CNN article on the indictment.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Reason.com.