Legal experts warn Comey ‘86 47’ indictment faces First Amendment hurdles

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

Legal questions are emerging over whether expected charges against former FBI Director James Comey would withstand a First Amendment challenge, as reports indicate he could be indicted over a social media post allegedly tied to threats against President Donald Trump.

James Comey posted a photo on Instagram showing him standing on a beach. (Fox News)

Former FBI Director James Comey appears in a courtroom sketch during his arraignment in Virginia on Oct. 8, 2025. (Dana Verkouteren/Unknown)

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