James Comey’s Instagram seashell post sits in a murky legal zone between protected political speech and criminal threat

What’s a true threat and what’s political hyperbole? A scholar of constitutional and criminal law looks at the charges against James Comey for an Instagram post that said, ‘86 47.’

By: Wayne Unger, Quinnipiac University, The Conversation

Outlets: The Conversation

Published: June 4, 2026

Words: 1,499

Last Updated: 1 month, 2 weeks ago

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By Wayne Unger, Quinnipiac University

In 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 Instagram post that depicted seashells spelling out “86 47.”

Comey’s post was interpreted by the U.S. Department of Justice as a threat to harm President …

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