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James Comey’s Instagram seashell post sits in a murky legal zone between protected political speech and criminal threat
Comey says he did not intend a threat and that the Instagram post was protected political speech, as prosecutors must prove mens rea.
- Former FBI Director James Comey faces two federal charges for an Instagram post depicting seashells spelling '86 47,' which the Department of Justice alleges constitutes a threat against President Donald Trump.
- The indictment charges Comey with violating 18 U.S.C. 871 and 18 U.S.C. 875, alleging he knowingly threatened the President; prosecutors argue '86' is American slang meaning 'to throw out' or 'to get rid of.'
- Arguing he lacked the requisite criminal intent, Comey maintained he posted the shells to express political opposition, stating, 'I didn't realize some folks associate those numbers with violence.'
- The Supreme Court ruled in Watts v. United States that political hyperbole constitutes protected speech, holding that debate on public issues must be 'uninhibited, robust, and wideopen' rather than a 'true threat.'
- District Judge Louise Flanagan set the trial for Oct. 21, positioning the case as a test of whether the post qualifies as a punishable threat or protected political expression under the First Amendment.
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James Comey’s Instagram seashell post sits in a murky legal zone between protected political speech and criminal threat
Did James Comey, former FBI director, 'knowingly and willfully' threaten, kidnap or 'inflict bodily injury upon the President of the United States'? Samuel Corum/Anadolu Agency/Getty ImagesIn the case of United States v. James Brien Comey Jr., the U.S. president’s security is pitted against the bedrock right to free speech enjoyed by Americans. Two federal charges have been lodged against former FBI Director James Comey and are based on his Inst…
Coverage Details
Total News Sources33
Leaning Left7Leaning Right5Center11Last UpdatedBias Distribution48% Center
Bias Distribution
- 48% of the sources are Center
48% Center
L 30%
C 48%
R 22%
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