IU expressive activity policy violates First Amendment, ACLU of Indiana lawsuit alleges

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The American Civil Liberties Union of Indiana filed a federal lawsuit Thursday against Indiana University in a challenge to the university’s newly-implemented expressive activity policy.

The lawsuit alleges the university’s policy violates the First Amendment.

“IU has approved a new policy that prohibits all expressive activity if it takes place between 11 p.m. and 6 a.m., even if the activity is not at all disruptive, such as standing silently, holding a sign, wearing a t-shirt with a communicative message, or discussing current events with friends,” ACLU of Indiana Legal Director Ken Falk said in a news release. “The protections of the First Amendment do not end at 11 p.m., only to begin again at 6 a.m.”

The complaint was filed with the U.S. District Court for the Southern District of Indiana.

The ACLU of Indiana is representing nine plaintiffs who have previously engaged in expressive activity on the Bloomington campus between the hours of 11 p.m. and 6 a.m.

They are seeking declaratory and injunctive relief preventing the enforcement of that portion of the policy.

The policy, approved last month, focuses on Dunn Meadow, which was recently used for a Gaza encampment by pro-Palestinian protesters.

At the encampment, several faculty and student protestors were arrested, which led to criticisms of the university’s response.

The space was designated as the Indiana University Assembly Ground in 1969 for people to engage in freedom of expression and peaceful demonstrations.

“In accordance with its responsibilities under the First Amendment of the U.S. Constitution and Indiana law, the University affords and is committed to protecting the rights of students, academic appointees, staff, and guests and visitors to free speech and expressive activity, such as assembling and speaking in public areas of campus, as well as writing, publishing, and inviting speakers on any subject,” the policy states.

Just before the policy was approved, the law firm Cooley LLP released a report reviewing the response to the encampment protests.

The report detailed recommendations for how the university should handle expressive activity.

Indiana University responded to request for comment stating it does not comment on litigation.

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6 thoughts on “IU expressive activity policy violates First Amendment, ACLU of Indiana lawsuit alleges

    1. You know they have problems when Democrats are suing other Democrats over the rights of Democrats to spew virulent antisemitism.

  1. It’s clear that IU has no idea what they’re doing, similar to most urban police departments in light of George Floyd protests.

    These are a bunch of kids who are passionately protesting against injustices committed by authority. Whether they’re right or wrong, authoritatively squashing the protests against unjust authority will backfire. This time, seemingly to the extent that 1A is violated.

    As a Jew whose ancestors either 1) Fled Europe for the US or Israel; or 2) Died in the Holocaust, I will be the first to tell you that some of the things said at some of these protests are abhorrent. And as somebody who has met & befriended many Palestinians, I can say that many of these kids somehow dodged grade school level lessons about the Holocaust; the reasons why Jews fled back to Israel; nor the fact that the Palestinian movement is – just as the most extreme Zionists – a right-wing nationalistic movement that seeks to exclude others.

    At the same time, in a country like the US – where free speech is the first amendment of our constitution – protesting needs to be allowed. Especially on the grounds of public universities. The pro-Palestinian crowd has as much right to protest as anybody. If IUB just allows protests – as was done at IUI for months & at Purdue – 1st amendment rights will be preserved & the crowd will sputter out.

    If IU is worried about the (real) possibility of antisemitism at pro-Palestine protests, it should have expert professors actively help young & sometimes dumb 18-year-olds know the difference between legitimate critiques of Israel (of which there are many) & antisemitic dog whistles. IU’s current strategy does nothing but fan the flames, which will eventually boil over into pure chaos.

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