A Middlesex Superior Court judge rejected former Lexington Minutemen captain Stephen Cole's bid to silence members who accused him of fraud.

Judge Green denied Cole's request for a preliminary injunction earlier in September, calling it an unconstitutional prior restraint on speech, the Boston Herald first reported. Cole had sought to bar defendants Robert Roell and John Nichols from sharing any accusations of "criminal, fraudulent, or otherwise legally actionable behavior" with anyone.

"Prior restraints on speech are the most serious and the least tolerable infringement on First Amendment rights," Judge Green wrote.

The judge found Cole's proposed restrictions "extremely broad," even after Cole narrowed them in an amended motion. Judge Green noted that Cole's only claimed harm was reputational, and courts have traditionally refused to issue prior restraints in defamation cases.

Discovery orders widen the case

In the same ruling, Judge Green ordered the Lexington Minutemen and four of its members to respond to the defendants' discovery requests within 14 days. The judge found that prior document productions from the organization were incomplete.

The discovery order names members Rasheed Walters, Henry Liu, Richard Howell and John Klesaris, requiring them to specify whether they are withholding documents and on what basis.

A lawsuit that started in January

Cole filed the defamation suit in Middlesex Superior Court in January against Roell and Nichols, both fellow members of the nonprofit Revolutionary War reenactment group that participates in Lexington's annual Battle of Lexington commemoration.

The dispute traces to a Jan. 3 email Roell sent to the organization's Past Captains Committee, according to earlier Herald reporting. In it, Roell alleged Cole had defrauded local residents through his contracting business and the Minutemen organization.

Roell and Nichols said they were suspended from the group after raising concerns about Cole's actions, including what they described in court filings as unauthorized spending and contractual approvals. In their court response, the defendants argued that Cole's complaint was "a transparent effort to suppress truthful speech about matters of undeniable public interest."

Court documents filed by the defendants included civil judgments against Cole totaling roughly $461,000 plus interest. Kenneth Virgile, a former friend of Cole's who won a $450,000 judgment against him, wrote in a filing that Cole borrowed money for a project that did not exist.

Cole is seeking damages, legal fees and a declaration that he did not violate fiduciary duties to the Minutemen or engage in fraud.

Earlier ruling went against Cole too

The September decision is the second setback for Cole this year. In June, Judge Emily Karsetter ordered Cole to turn over his criminal records, tax filings and financial documents to the defendants in a nine-page ruling. Cole argued the discovery requests were "sweeping and intrusive." The court disagreed.

Cole is no longer captain of the Minutemen. According to the Herald, a post on the organization's website indicated new leadership took over in August.

No public statement from Cole or his attorney responding to the September ruling appeared in available court records or news coverage as of Sept. 27.