Judge pauses IU protest policy, says it likely violates First Amendment
IU revised its "expressive activity" policy in mid-2024 to ban overnight camping and use of structures, such as tents, without approval — hallmarks of the pro-Palestine protest movement.
In response, the Indiana Chapter of the American Civil Liberties Union filed a lawsuit challenging the policy last August. In its complaint, the ACLU alleged the university policy violates the First Amendment and is overly broad.
Judge Richard Young of the U.S. District Court for the Southern District of Indiana agreed and granted a preliminary injunction May 29.
"The Policy likely burdens substantially more speech than necessary to further the University's interest in public safety and thus lacks narrow tailoring," the preliminary injunction reads. "The Plaintiffs are likely to succeed on the merits of their claim that the Policy violates the First Amendment."
During the 2024 spring semester, protesters established an encampment in Dunn Meadow for several months. The protests drew national attention, resulted in dozens of arrests and required 'extensive repairs' of the area.
Under the now-halted section of the policy, students, faculty and staff could not engage in protests and other expressive activities from 11 p.m. to 6 a.m. without permission. If violated, one could face a range of disciplinary actions, including suspension, expulsion, loss of university employment and a responsibility to pay for damages.
"While IU supports everyone's right to protest, camping or using any item to create a shelter is not a permitted form of expressive activity," the university said in paid content published in the Herald-Times last fall. "This ensures campus safety and accessibility for all community members."
IU did not provide a reaction to the injunction since the university does not comment on pending litigation, spokesperson Mark Bode said.
The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
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