Indiana AG Investigator Threatened Prosecution Over a Facebook Post. A Federal Judge …

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
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