Comey Indictment Sparks First Amendment Debate

In-Depth Analysis

The core of the debate lies in whether Comey's seashell post constitutes a genuine threat under the law. 18 U.S.C. § 871 and § 875(c) require proof that the statement communicates a serious intent to commit violence. Jonathan Turley argues that protected speech includes "bad and hateful speech," even lies unless used for criminal purposes. The Supreme Court case Watts v. United States (1969) established that expressing a desire to harm the president is "a kind of very crude offensive method of stating a political opposition," further complicating the prosecution's case. The prosecution must prove beyond a reasonable doubt that Comey intended the post as a true threat, not just crude political commentary. The political context, Comey's past criticisms of Trump, and the widespread use of the phrase "86 47" add layers of complexity to this legal challenge.

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FAQ

What does "86" mean?

Restaurant workers told NBC News the term is “everyday lingo,” noting is has nothing to do with death or murder.

What is the basis of Comey's defense?

Comey insists he did not create the shell art and was merely posting an image he found, unaware of its potential violent interpretation.

What is a "true threat" under the law?

A true threat involves statements where the speaker intends to communicate a serious expression of intent to commit unlawful violence against a specific individual or group, as defined in Virginia v. Black (2003).

Takeaways

The Comey indictment highlights the tension between free speech and perceived threats against political figures.
The case underscores the importance of context in interpreting potentially threatening statements.
Legal experts question whether the indictment meets the threshold for a "true threat" under First Amendment jurisprudence.
The outcome of this case could have broader implications for online speech and political expression.

Discussion

Do you believe Comey's seashell post was a protected form of political speech, or did it constitute a genuine threat? Share your thoughts in the comments below!

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Sources

Blanche Says Others Who Post ‘86 47’ Message Won’t Be Charged Like Comey Acting attorney general says indictment against James Comey goes beyond seashell photo JONATHAN TURLEY: Comey’s shell post may be crass, but charging him is a free speech trap

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