INDIANAPOLIS — An investigator with Indiana Attorney General Todd Rokita’s office who threatened a private citizen with prosecution over political Facebook posts has been ordered by a federal judge to stop, following a First Amendment lawsuit filed by the ACLU of Indiana.
In an October 20 ruling, U.S. District Judge Sarah Evans Barker granted a preliminary injunction after finding that Kurt Spivey, Director of Investigations for the Attorney General’s office, likely used his authority to pressure Monroe County resident Lee Lawmaster into silence. The court also rejected Spivey’s attempt to dismiss the lawsuit.
In April, Lawmaster posted “86” alongside the names of several elected officials on Facebook, including Rokita, Lieutenant Governor Micah Beckwith, and U.S. Senator Jim Banks. His comments followed the indictment of former FBI Director James Comey over a social media post featuring the phrase “86 47.” Lawmaster used the phrase to express political disagreement and support for the right to criticize public officials.
Two days later, Spivey showed up at Lawmaster’s Bloomington home, displayed his badge, and warned that he had “crossed the line.” Spivey told him, “We could easily indict you over this today,” but offered to “let this one slide” if he toned down his political rhetoric.
Fearing prosecution, Lawmaster stopped commenting on elected officials’ Facebook pages. The ACLU of Indiana filed suit on his behalf on May 7.
—The government shouldn't be able to accomplish through intimidation what the First Amendment prohibits it from doing directly.”
Ken Falk, Legal Director at the ACLU of Indiana
The court rejected Spivey’s argument that the encounter was simply a polite conversation about a potential threat. Judge Barker found that Spivey had used his authority to pressure Lawmaster into silence, writing, “That is coercion by any reasonable measure.”
“We're pleased with the court's ruling,” said Ken Falk, Legal Director at the ACLU of Indiana. “Mr. Lawmaster was never charged with a crime, but when a state official shows up on your doorstep and threatens prosecution over something you posted online, the message is pretty clear. The government shouldn't be able to accomplish through intimidation what the First Amendment prohibits it from doing directly.”
The preliminary injunction prohibits Spivey and those acting on his behalf within the Attorney General’s Investigations Division from threatening Lawmaster with legal sanctions intended to suppress or punish his past or future political posts involving “86.”
The lawsuit, Lawmaster v. Spivey, remains ongoing.
Read the court’s October 20 ruling and preliminary injunction.
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