James Comey’s Deleted ’86 47′ Instagram Post Is Obviously Protected by the First Amendment
An erstwhile government official’s reference to “86”-ing a politician took the news cycle by storm this week, spurring a debate about the meaning of the term and whether or not it is protected speech.
“We’ve now 86’d [former House Speaker Kevin] McCarthy,” former Rep. Matt Gaetz (R–Fla.) posted on X in 2024. He added his allies had managed to do the same to Ronna McDaniel, former chairwoman of the Republican National Committee, and Sen. Mitch McConnell (R–Ky.), who last year stepped down as Senate Republican leader. “Better days are ahead for the Republican Party,” Gaetz said.
This was not the “86” post to first set this week’s controversy in motion. That came from former FBI Director James Comey, who on Thursday posted an image on Instagram of seashells spelling out “86 47” on the beach. “Cool shell formation on my beach walk,” the caption said under the now-deleted post.
Reactions were swift and furious. “James Comey in my view should be held accountable and put behind bars for this,” said Director of National Intelligence Tulsi Gabbard on Fox News. “Disgraced former FBI Director James Comey just called for the assassination of @POTUS Trump,” Kristi Noem, secretary of the Department of Homeland Security (DHS), posted on X. “DHS and Secret Service is [sic] investigating this threat and will respond appropriately.” The FBI would “provide all necessary support” for that investigation, Kash Patel, director of the bureau, echoed shortly thereafter.
Comey has the unique distinction of already being intensely unpopular across the political spectrum. Many Democrats detested his probe into then–presidential candidate Hillary Clinton’s emails; many Republicans despise his long-standing vocal opposition to President Donald Trump, which takes an uncharacteristically partisan tone for a
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