The Attorney General of Indiana filed a motion to dismiss a lawsuit brought by Abdul-Hakim Shabazz. Shabazz alleges that he was barred from an in-person press event and subsequent press conferences in violation of his First Amendment rights. The Attorney General argues that the motion should be granted for two reasons. First, under Rule 12(b)(6), Shabazz fails to demonstrate an actual First Amendment violation because the Constitution does not guarantee the right to attend government events in person or interact with officials. Second, under Rule 12(b)(1), Shabazz lacks standing to seek an injunction because he does not establish a likelihood of future injury based only on past conduct that was not itself illegal. The Attorney

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ABDUL-HAKIM SHABAZZ, )
)
Plaintiff, )
)
v. ) No. 1:22-cv-00268-JRS-MPB
)
TODD ROKITA, in his official capacity )
as Attorney General of the State of )
Indiana, )
)
Defendant. )
MOTION TO DISMISS
Attorney General Todd Rokita, in his official capacity and by counsel, moves
this Court to dismiss Plaintiff’s complaint under Federal Rules of Civil Procedure
12(b)(1) and (b)(6). Defendant states the following in support:
1. On February 7, 2022, Plaintiff filed a complaint for injunctive and
declaratory relief against the Attorney General, alleging that Plaintiff was not
permitted to attend a limited-in person press event on October 14, 2021, hosted by
the Office of the Indiana Attorney General, even though the event was livestreamed
for the public. And since that time, Plaintiff alleges “he has been barred by Attorney
General Rokita from the Attorney General’s press conferences,” in violation of the
First Amendment. ECF 1 at 1.
2. The Court should dismiss Plaintiff’s suit under Rule 12(b)(6) because
his factual allegations demonstrate no First Amendment violation. The First
Amendment does not grant Plaintiff a right to hear a government official deliver a
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message in person, as opposed to through a livestream. Further, there is no right to
interact with a government official at a press conference under the First
Amendment. No federal court has ever ordered a public official to take and answer
questions from a particular journalist or news commentator, or held that the First
Amendment is implicated by a public official not taking questions from a particular
journalist.
3. The Court also should dismiss Plaintiff’s suit under Rule 12(b)(1)
because Plaintiff is requesting an injunction, but his complaint affirmatively
demonstrates that he lacks sufficient grounds to claim a likelihood of future injury
that can justify federal jurisdiction to entertain his claim for relief. Plaintiff’s only
basis for asserting future injury is the Attorney General’s past conduct, not a
concrete threat of future action. But past conduct can justify a claim for injunctive
relief only where that past conduct was itself illegal. Here, that past conduct was
not illegal, so Plaintiff has no grounds for seeking forward-looking relief.
4. The Court should dismiss the case for these reasons explained in more
detail in the accompanying memorandum.
WHEREFORE, the Attorney General respectfully requests the Court dismiss
Plaintiff’s complaint for lack of subject matter jurisdiction and for failure to state a
claim upon which relief may be granted.
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Respectfully submitted,
THEODORE E. ROKITA
Attorney General of Indiana
Date: March 2, 2022 By: Jefferson S. Garn
Deputy Attorney General
Caryn N. Szyper
Deputy Attorney General
Patricia Orloff Erdmann
Chief Counsel
OFFICE OF INDIANA ATTORNEY GENERAL
TODD ROKITA
Indiana Government Center South, 5th Floor
302 West Washington Street
Indianapolis, Indiana 46204-2770
Phone: (317) 234-7119
Fax: (317) 232-7979
Email: Jefferson.Garn@atg.in.gov
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