(INDIANAPOLIS) - The ACLU of Indiana has filed a federal lawsuit against an investigator with the Indiana Attorney General's Office after a Monroe County man was allegedly warned he could face indictment over social media posts criticizing elected officials.
The lawsuit was filed on behalf of Monroe County resident Lee Lawmaster against Kurt Spivey, director of investigations for the Indiana Attorney General's Office.
According to the complaint, Lawmaster posted "86" on the official Facebook pages of several Indiana Republican elected officials, including Attorney General Todd Rokita, Lieutenant Governor Micah Beckwith, and U.S. Senator Jim Banks.
The ACLU says Lawmaster used the term to express political disagreement and a desire for the officials to be removed from office. The organization argues the posts were protected political speech under the First Amendment.
The lawsuit claims Spivey went to Lawmaster's home on May 1 and warned him that his speech had "crossed the line," told him investigators could "easily indict" him, and instructed him to "tone it down a little bit."
According to the complaint, Spivey also said he would "let this one slide" and suggested investigators could return if similar posts continued. The interaction was reportedly captured on a door camera with audio and video.
The lawsuit says Lawmaster stopped making similar posts afterward because he feared criminal prosecution.
In a statement, Rokita's office said the attorney general and his family have been targets of death threats and said the office takes "true threats extremely seriously."
The office also referenced the recent indictment of former FBI Director James Comey after a social media post showing seashells arranged to display "86 47."
The ACLU says none of Lawmaster's posts included threats or calls for violence.
ACLU of Indiana Legal Director Ken Falk said government officials "cannot treat political criticism as a criminal threat simply because they disagree with it."
Rokita's office criticized the lawsuit and said it expects to win the case.