INDIANAPOLIS — The ACLU of Indiana filed a federal lawsuit today on behalf of Monroe County resident Lee Lawmaster after an investigator from the Indiana Attorney General’s office came to his home and threatened him with prosecution for protected political speech.
The lawsuit was filed against Kurt Spivey, Director of Investigations for the Indiana Attorney General’s office, in his individual and official capacities.
According to the complaint, Mr. Lawmaster posted “86” on the official Facebook pages of several Indiana elected officials, including Attorney General Todd Rokita, Lieutenant Governor Micah Beckwith, and Senator Jim Banks. The posts came after the recent indictment of former FBI Director James Comey, who was prosecuted after posting a photo on social media showing seashells arranged to depict “86 47.” Mr. Lawmaster used the term to express political disagreement, support the right to engage in protected speech and communicate his view that certain elected officials should be removed from office. None of his posts included threats or calls for violence.
On May 1, 2026, Investigator Spivey came to Mr. Lawmaster’s home to question him about the posts. During the interaction, Spivey told Mr. Lawmaster that his protected expression had “crossed the line,” warned that “we could easily indict you over this today,” and instructed him to “tone it down a little bit.” According to the complaint, Spivey also said he would “let this one slide” and indicated investigators could return if Mr. Lawmaster continued engaging in similar speech.
Mr. Lawmaster’s posts were not threats. They were numeric slang, and a form of political expression protected by the First Amendment. But after being confronted at his home by a state investigator and warned that he could be indicted, Mr. Lawmaster stopped posting “86” comments and ceased commenting on elected officials’ social media pages altogether out of fear of criminal prosecution.
“Government officials cannot treat political criticism as a criminal threat simply because they disagree with it,” said Ken Falk, Legal Director at the ACLU of Indiana. “Mr. Lawmaster did nothing more than express his view that elected officials should be removed from office. Sending a state investigator to his home to warn him that he could be indicted for that speech is exactly the kind of government intimidation the First Amendment forbids.”
The complaint can be found here.
Stay Informed
Sign up to be the first to hear about how to take action.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy statement.