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 the numbers '8647,' which prosecutors allege was a coded threat against President Donald Trump. Legal experts question whether the charges can withstand First Amendment scrutiny, emphasizing the need to prove intent. Comey has stated he did not intend the image as a threat and opposes violence. The case hinges on whether the post constitutes a 'true threat' under federal law.
- ▪James Comey was indicted under 18 U.S.C. § 871 and § 875(c) for a social media post showing seashells forming the numbers '8647'.
- ▪Legal analysts argue the charges may face significant First Amendment challenges due to the difficulty of proving intent and the protected nature of ambiguous speech.
- ▪Comey stated he did not intend the image as a threat and claimed he was unaware of any violent connotations associated with the numbers.
- ▪Prosecutors must prove the post was a 'true threat' made with intent, using context rather than explicit language.
- ▪The case is being handled by U.S. Attorney W. Ellis Boyle in the Eastern District of North Carolina.
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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, which Comey's public explanation could complicate 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 threats…
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