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US Politics

James Comey's deleted Instagram post is obviously protected by the First Amendment

Reason Magazine
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Former FBI Director James Comey posted a picture of seashells spelling out " 86 47 " on Instagram .

"We've now 86'd [former House Speaker Kevin] McCarthy ," former Rep. Matt Gaetz posted on X in 2024 .

" 86 -ing someone most commonly means "to eject, dismiss, or remove (someone) from a menu," Merriam-Webster says.

The calls for his arrest and prosecution would be ludicrous, but that speech is protected by the First Amendment .

"Imagine saying 20 years ago 'I hope Bin Laden is killed,'" said Conor Fitzpatrick , an attorney at the Foundation for Individual Rights and Expression , a nonprofit dedicated to civil liberties.

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