True Threats and True Crimes – Those Memes You Post Might Be Crimes

Analysis of the reported DOJ indictment of James Comey for reposting a '86 47' seashell meme, examined through the lens of Supreme Court 'true threats' jurisprudence. Drawing on Elonis v. United States (2015) and Counterman v. Colorado (2023), the piece argues the prosecution is constitutionally precarious because both rulings require proof of at least recklessness — that the speaker consciously disregarded a substantial risk their communication would be perceived as threatening. The Comey meme is indirect, symbolic, untargeted, and linguistically ambiguous, making it weaker than the Counterman case, which still failed to sustain a conviction. The analysis warns that extending criminal liability to such ambiguous political expression would dangerously expand the 'true threats' category and blur the line between protected speech and criminal conduct.