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Reason
Reason
Politics
Billy Binion

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.

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