Prosecutors charged James Comey over a social media post showing seashells arranged as ‘86 47,’ arguing a coded threat against President Donald Trump|Brookings Institution|CC BY-NC-ND 2.0

Former FBI Director James Comey appeared in federal court on Wednesday in a criminal case that could test the limits of free speech in the United States.

Prosecutors charged Comey over a social media post showing seashells arranged as “86 47,” which they argue amounted to a coded threat against President Donald Trump.

Comey said he believed the numbers carried a political message, not a call to violence, and deleted the post after some users interpreted it differently. 

He did not enter a plea during the brief hearing in Virginia, and the judge allowed him to leave without any release conditions. Comey’s lawyers plan to argue the case is politically motivated.

Prosecutors must prove Comey made a “true threat” under First Amendment standards, meaning he intended or recklessly ignored the risk of violence.

No trial date has been set yet.