An investigator from Attorney General Todd Rokita’s office threatened to prosecute an Indiana man who left a comment with the number “86” on the social media sites of several Republican elected officials, according to a new lawsuit.
The Indiana chapter of the American Civil Liberties Union filed the lawsuit in the U.S. District Court of Southern Indiana on May 7, claiming that the state investigator violated the man’s First Amendment rights by intimidating him to not participate in protected speech.
Monroe County resident Lee Lawmaster left comments on the Facebook pages of Lt. Gov. Micah Beckwith, Attorney General Todd Rokita and U.S. Sen. Jim Banks, saying “86” followed by the official’s name. He did so to call for their removal from office, the complaint said.
“He reasonably believed that this expression of displeasure and his wish that the politicians be removed and replaced was protected by the First Amendment,” the complaint reads. “Indeed, it is.”
The Attorney General’s office did not immediately respond to a request for comment.
The meaning behind “86” has come under scrutiny recently after former FBI Director James Comey was indicted for a now-deleted 2025 Instagram post of seashells forming the numbers “86 47.” A grand jury charged him with the understanding that his post was a threat to harm or kill Donald Trump, the 47th president.
However, many sources say the term “86” means to nix or throw out. Merriam-Webster says “86” is an informal expression meaning to “eject of ban” a customer or to “reject, discontinue, or get rid of” something. It’s likely derived from bar culture and soda-counter slang to reference throwing out disorderly guests or communicating that an item was sold out.
Kurt Spivey, the attorney general’s director of investigations, visited Lawmaster’s Monroe County home on May 1. He told him posting “86” was a threat and that he needed to tone it down to avoid future charges, the complaint said, but he “would let this one slide.”
The interaction was recorded on a doorbell camera.
“Post your stuff, do your thing, you know, express your opinion, but when you start crossing that line that could be perceived as a threat, then we got issues and problems, right?” Spivey said, according to the complaint. “Listen, if Comey was indicted, we could easily indict you over this today.”
The complaint said Spivey’s comments constituted a warning that he would be observed, and if he didn’t alter his speech, he would be prosecuted. Ever since, Lawmaster said he has not commented anything on public officials’ social media pages because he is afraid of criminal retribution.
The ACLU argues that what Lawmaster posted is not a true threat, which is a high legal standard determining what language is not constitutionally protected. Therefore, they say that the AG’s office sought to intimidate him to not participate in speech he was rightfully allowed to make, violating his First Amendment rights.
“The actions of Investigator Spivey were taken maliciously or with reckless or callous indifference to Mr. Lawmaster’s rights,” the complaint said.
The ACLU is requesting a jury trial declaring Spivey violated Lawmaster’s constitutional rights, barring Spivey from taking adverse action against Lawmaster for commenting “86,” and seeking damages.
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This article originally appeared on Indianapolis Star: Lawsuit: Rokita investigator threatened Indiana man over ’86’ comments
Reporting by Cate Charron, Indianapolis Star / Indianapolis Star
USA TODAY Network via Reuters Connect
