Former FBI Director James Comey has filed a motion in federal court to dismiss the federal indictment against him, arguing that the charges stem from a social media post protected by the First Amendment.

First Amendment Rights

The post at the center of the case was a photo of seashells arranged to display the numbers ’86 47.’ Comey’s attorneys argue that the indictment targets his First Amendment rights and that the government is trying to justify the prosecution by claiming the post was a ‘true threat’ against the President.

However, Comey’s attorneys say that interpretation doesn’t hold up, arguing that no reasonable person would view the post as a threat of violence against the President. The numbers ’86 47′ appear on thousands of items sold online, and the government’s claim is unfounded, according to the filing.

Original reporting: WRAL Raleigh — read the source article.