According to Robert Mintz, for a statement to be considered a prosecutable threat against the president, courts require it to be detailed, imminent, and likely to incite imminent lawless action.

Robert Mintz believes it will be an "uphill battle" for prosecutors to convince a jury that James Comey's social media post constituted an imminent threat rather than protected political speech.

Robert Mintz predicts that James Comey's defense will argue the case is a selective and politically motivated prosecution.

In February 2024, Representative Matt Gaetz used the term "86ed" in a social media post in reference to the departures of Kevin McCarthy, Ronna McDaniel, and Mitch McConnell from their leadership role...

In the case of Watts v. United States, the Supreme Court ruled that a protester's statement about getting President Lyndon B. Johnson in his sights was "political hyperbole" and not a true threat.