Indiana University's recent attempt to curb nighttime protests has been put on hold by a federal judge. The university's "expressive activity" policy, aimed at regulating protests and demonstrations on campus, especially during the hours from 11 p.m. to 6 a.m., was challenged by the Indiana Chapter of the American Civil Liberties Union (ACLU). In the lawsuit filed last August, the ACLU claimed the policy was overly broad and in violation of the First Amendment rights.
U.S. District Court for the Southern District of Indiana Judge, Richard Young, sided with the ACLU, issuing a preliminary injunction against the policy yesterday. The injunction is based on the belief that the restriction likely "burdens substantially more speech than necessary to further the University's interest in public safety and thus lacks narrow tailoring," The Indy Star reports. This ruling echoes a sentiment expressed by Ken Falk, legal director at the ACLU of Indiana, who describes the halted policy as an excessive measure, telling Indiana Public Media, "The First Amendment does not allow a governmental entity to prohibit all forms of expression during certain hours of the day."
The controversy began during the 2024 school year when pro-Palestine demonstrators set up an encampment in Dunn Meadow, leading to the arrests of 57 protesters and significant media attention. In the months following this, IU implemented the policy that required prior approval for protests during the day and prohibited overnight expressive activities without explicit consent. Despite the university claiming these measures were for public safety and campus accessibility, they were met with immediate backlash from free speech advocates. IU officials contended that their police department didn't have the staffing to monitor overnight protests effectively.
The halted policy particularly targeted overnight activities such as camping or using any structure to create shelter — which were employed during the Dunn Meadow protests. An IU spokesperson remained tight-lipped on the issue, citing the practice of not commenting on pending litigation, as per paid content previously published in the Herald-Times. Meanwhile, the ACLU and its constituents are likely to see the injunction as a victory for First Amendment rights. As Falk emphasized, peaceful actions such as "candlelight vigils, silently holding a sign, or even wearing a t-shirt that protests world events" were at risk under the policy, WISH-TV reports.
With the preliminary injunction in place, the case will continue through the courts, but meanwhile, Indiana University cannot enforce its overnight restrictions, allowing students, faculty, and staff to partake in expressive activities during those hours without fear of disciplinary action.
