INDIANAPOLIS, Iowa — The ACLU of Indiana is suing Indiana University over a newly-approved policy that limits demonstrations on school property.
A lawsuit was filed in the Southern Court of Indiana on Thursday, Aug. 29.
The ACLU is targeting the Expressive Activity Policy that went into effect on Aug. 1, 2024. In particular, the ACLU targets the policy's ban on expressive activity between 11 p.m. and 6 a.m. The university's website outlines the punishments for violating the policy:
"Conduct reasonably believed to be in violation of the Expressive Activity Policy may result in immediate action by the University including but not limited to citation, trespass, and/or interim suspension from campus.
Upon completion of the applicable University disciplinary process, should a faculty member, student or staff member be found in violation of the Expressive Activity Policy, depending on the severity of the violation they will face disciplinary action up to and including suspension or expulsion from the University (for students), suspension or termination of University employment; and responsibility for any costs incurred due to damages caused by the violation."
The ACLU lawsuit is asking the federal court to block the time restriction in the policy with a preliminary injunction.
“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," said Ken Falk, legal director of the ACLU of Indiana. "The protections of the First Amendment do not end at 11 p.m., only to begin again at 6 a.m.”
"Our free speech protections, they're not business hours protections. They are 24/7," said IU professor David McDowell, a plaintiff in the suit. "The lawsuit that we filed today, however, is simply trying to push back against the hour constraints, the idea that between 11 p.m. and 6 a.m. you can't even wear a T-shirt with a political message on it without potentially being expelled or fired."
13News has reached out to IU for comment. A spokesperson replied that "IU does not comment on litigation."
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The plaintiffs in the case all took part in protests on Dunn Meadow on April 25, but this lawsuit is not directly related to those protests. In May, the ACLU sued IU for the way it handled those protests in a separate lawsuit.
The ACLU's complaint, filed in federal court, is embedded below.