Former FBI Director James Comey is asking a federal judge to dismiss a case against him over a social media post featuring seashells spelling out ’86 47′. The post was interpreted by some as a threat against President Trump, who is the 47th president. The number 86 often refers to getting rid of something.

First Amendment Rights

Comey’s defense team argues that the post is protected under the First Amendment, which prohibits the government from using criminal prosecution to silence political opposition. They claim that the indictment targets and chills core political speech and fails as a matter of law.

According to Comey’s attorneys, for the post to be considered a ‘true threat’ under the law, it would have needed to communicate a ‘serious expression’ that Comey was going to commit violence. They argue that no reasonable observer would read the phrase ’86 47′ to connote violence against the President, and that it is mere political hyperbole, not a true threat.

Original reporting: KTVZ (Central Oregon) — read the source article.