Leave your feedback Share Copy URL https://mypepack.gophersport.com/video/?vid=XxKfXgO2vcN Email Facebook Twitter LinkedIn Pinterest Tumblr Share on Facebook Share on Twitter Comey’s seashell defense—is it a true threat? catherinecrump shorts firstamendment fbi [e0yeFvpU5ef] Health Updated on August 07, 2026 EDT — Published on August 07, 2026 EDT Can a photo of seashells be a federal death threat? A jury may never get to decide. This week, lawyers for former FBI Director James Comey asked a federal judge to dismiss the indictment charging him with threatening President Trump’s life — based on a May 2025 photo of seashells arranged to read “86 47,” captioned “Cool shell formation on my beach walk.” In this episode, I explain the “true threat” doctrine: why the First Amendment protects even ugly political hyperbole, what the Supreme Court said in 1969 about a draft protester who talked about getting President Johnson in his rifle sights (Watts v. United States), and the government's strongest card — that whether a message is threatening is normally a question for a jury, not a judge on a motion to dismiss. When Comey was indicted, I said no one could seriously believe a shell photo was a true threat. Now that claim gets tested in court. Watch the original episode here: aCKcZR6UPeg y5kvLx73dyo HUxbaZz7pan iJsGrKyBH7O
Can a photo of seashells be a federal death threat? A jury may never get to decide. This week, lawyers for former FBI Director James Comey asked a federal judge to dismiss the indictment charging him with threatening President Trump’s life — based on a May 2025 photo of seashells arranged to read “86 47,” captioned “Cool shell formation on my beach walk.” In this episode, I explain the “true threat” doctrine: why the First Amendment protects even ugly political hyperbole, what the Supreme Court said in 1969 about a draft protester who talked about getting President Johnson in his rifle sights (Watts v. United States), and the government's strongest card — that whether a message is threatening is normally a question for a jury, not a judge on a motion to dismiss. When Comey was indicted, I said no one could seriously believe a shell photo was a true threat. Now that claim gets tested in court. Watch the original episode here: aCKcZR6UPeg y5kvLx73dyo HUxbaZz7pan iJsGrKyBH7O