Enough With the Fake Outrage – “86 47” Isn’t a Threat, It’s Free Speech
What happens when political dissent gets twisted into a so-called "threat"? That’s exactly what we’re seeing with "86 47." James Comey post a pic of some shells he saw on the sand and now, MAGA is trying to frame it as a dangerous call to action.
But here’s the thing – it’s not. It’s political speech, plain and simple, and it’s protected by the First Amendment. In fact, it’s pretty damn clever with the shells and all.
Trump’s like that forgotten fish rotting in the back of a sketchy diner, the longer it sits, the worse the stench. Time to take out the trash before the whole place reeks.
Look, before we start criminalizing dissent, let’s get clear on what "86 47" actually means and why it’s not the threat some want you to believe it is.
For Those of Us Who Were or Are in the Restaurant and Bar Businesses
In restaurant lingo, "86" simply means to cancel, reject, or remove something – like a menu item that’s sold out or a dish that’s no longer being served. When I was working as a waiter, bartender or front door guy in college, it meant get get rid of an item that’s spoiled or when referring to an individual, that they’re drunk, causing trouble and need to be tossed out of the establishment.
It’s a phrase that’s been around for decades. So when people say "86 47," they’re not issuing a threat. They’re using a well-known expression to say it’s time to reject the 47th president, nothing more, nothing less. Let’s not twist words into something they’re not.
Sure, some folks will try to twist it into something more. I get it, a lot of these MAGA diehards still see Trump as some sort of second coming. They’re agitators, plain and simple. All they want to do is stir the pot and play the victim.
That’s fine. But here’s the thing—MAGA doesn’t get to hijack a well-worn phrase and impose its narrow self-serving interpretation on the rest of us. Especially if their guy is literally trying to destroy democracy.
The Phrase “86 47” is Protected Speech
Under the Constitution, free speech is the bedrock of American democracy. I’m talking about the right to express opinions, criticize leaders, and voice dissent without fear of government censorship. And that includes shouting "86 47" as loudly as you want.
Here are just five of about a dozen reasons I can think of just off the top of my head as to why that phrase is firmly protected by the First Amendment, no matter how much some people might want to twist its meaning.
1. Political Speech Is Not a Crime: The First Amendment fiercely protects political expression, even when it’s edgy, provocative, or uncomfortable. "86 47" is a blunt political statement, not a literal threat. It’s a demand for change, not violence.
2. Context Is Everything: Look at how the phrase is used. "86" is common slang for rejecting or ousting, and "47" refers to Trump as the 47th president. It’s political shorthand, not a call to arms.
3. Words Have Meaning – And Limits: The Supreme Court has drawn a clear line: A "true threat" requires a real, serious intent to cause harm. "86 47" is political rhetoric, not a threat of violence. It’s an expression of dissent, protected by our Constitution.
4. The Intent Test: In Counterman v. Colorado, the Court ruled that a true threat requires intent to intimidate or harm. "86 47" isn’t aimed at inciting violence, it’s aimed at voicing frustration with a public figure’s power and influence. Frankly, our elected officials should start their interviews by addressing this case head-on, explaining how it applies to Comey’s seashell pic, instead of stoking the fire with their misguided rhetoric.
5. This Is What Democracy Looks Like: If we start labeling political criticism as "threats," we’re not just chilling speech, we’re freezing it solid. The First Amendment doesn’t just allow uncomfortable speech – it demands it.
This is the classic MAGA sleight of hand
They want you to forget about Trump’s mounting legal losses, the economic wreckage from his tariff tantrums, and the glaring conflicts of interest piling up by the day. Enter Tulsi Gabbard, now the Director of National Intelligence, taking to Fox News to insist that James Comey should be arrested for allegedly threatening Trump’s life.
Her comments, along with others, are all simply headline-grabbing distractions, shiny objects to divert your gaze from the real issues.
Don’t fall for it. Stay focused. Stay informed. Stay vigilant.
Mitch Jackson, Esq. | links
PS – Remember when Trump and his adult son blasted those ridiculous images across social media? They need to spare us the theatrics and Trump and his administration need to start doing the job our taxpayer dollars are paying them to do.
Podcast Conversation
Enjoy a back and forth audio deep dive covering this post.
Thank you for reading, sharing and caring.
This post is free, but building a future rooted in truth and democracy takes real investment. If my work speaks to you, consider supporting—because independent journalism that actually gives a damn is worth backing.
Back and forth audio conversation about today's post, "Enough With the Fake Outrage – “86 47” Isn’t a Threat, It’s Free Speech" https://mitchthelawyer.substack.com/p/podcast-episode-enough-with-the-fake?r=2fe7t3
Alas, absurdity, paranoia, and outright delusion have fatally consumed this administration! Rampant corruption and a staggering lack of sound leadership have eroded the very foundation of our democracy, undermining the Constitution that this country was built upon.
What a tragic spectacle—the American people swindled, hoodwinked, and subjected to the reckless whims of the most shameless con man to ever walk the earth. The unraveling is undeniable, and history will not be kind to those who enabled it. The Constitution is not a tool for personal gain, nor a shield for authoritarian ambitions—it is the supreme law of the land, and its defenders must rise to meet this moment.