Comey was indicted for allegedly making threats against President Trump via an Instagram post showing seashells arranged as "86 47."
Legal experts believe the indictment is unlikely to lead to a trial, citing First Amendment protections and potential challenges.
The term "86" can mean "to throw out" or "get rid of," but Trump claims it's a mob term for "kill him."
This is the second criminal case the Justice Department under Trump has brought against Comey; the first was tossed out due to unlawful appointment of the prosecutor.
Experts argue that the post falls under protected political speech, requiring a "serious expression of an intent to commit unlawful violence" to be considered a true threat.
Prominent conservatives have also used the term "86" in reference to politicians, raising questions of selective prosecution.
Why this matters: This case raises critical questions about the scope of free speech and the potential for politically motivated prosecutions. The outcome could set a precedent for how online expression is interpreted and regulated.
The indictment alleges Comey "knowingly and willfully" made a threat to harm Trump through his Instagram post. The core legal question revolves around whether the post constitutes a "true threat," which is not protected by the First Amendment.
The Supreme Court has set a high bar for what qualifies as a true threat. Cases like *Watts v. United States* (1969) and *Counterman v. Colorado* (2023) emphasize the need to distinguish between crude political hyperbole and genuine threats.
Len Niehoff, a law professor at the University of Michigan, argues that prosecuting ambiguous speech is the opposite of what the First Amendment dictates. The government must demonstrate that Comey had a subjective understanding of his statement's threatening nature.
Even Acting Attorney General Todd Blanche acknowledged that pursuing charges against others using the phrase "86" would depend on an investigation and various factors.
Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression, warns that cases like Comey's can have a chilling effect, leading to self-censorship.
The historical context includes a previous indictment against Comey that was dismissed due to the unlawful appointment of the prosecutor. This history adds weight to Comey's argument that he is being selectively targeted.
Q: What does "86" mean?
Merriam-Webster defines "86" as slang meaning "to throw out" or "get rid of," commonly used in restaurant kitchens.
Q: What is a "true threat" under the First Amendment?
A "true threat" is a statement that, in context, leads a reasonable person to believe that the speaker will imminently inflict serious harm or death on the listener and lacks a reasonable claim of political, social, or artistic value.
Q: What are the implications of this case for free speech?
The case could set a precedent for how online expression is interpreted and regulated, potentially leading to self-censorship and chilling effects on political speech.
The Comey indictment highlights the ongoing tension between free speech and the potential for online expression to be interpreted as a threat.
The case underscores the importance of understanding the legal definition of a "true threat" and how it applies to online communication.
Readers should be aware of the potential for politically motivated prosecutions and the chilling effect they can have on free speech.
This situation affects anyone who engages in political commentary online, particularly those who express criticism of public figures.
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