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Indianapolis Star
24-07-2025
- Politics
- Indianapolis Star
ACLU lawsuit over Indiana's college intellectual diversity law is dismissed
A legal challenge to Indiana's law mandating "intellectual diversity" in college classrooms has been dismissed after a judge ruled the fear behind the law's subsequent chilling effect on free expression was unproven. In his July 23 order, Judge Richard L. Young wrote that the legal complaint was premature. The case also lacks standing, he said, because universities have not taken or threatened enforcement actions against faculty members. "The court finds Plaintiffs have adequately shown they have an actual fear of enforcement that has chilled their protected speech," wrote Young, who was appointed by President Bill Clinton. "The issue is whether that fear is well-founded." Last September, the American Civil Liberties Union of Indiana filed a lawsuit on behalf of four Hoosier professors who claim the state law infringes on academic freedom and their First and Fourteenth Amendment rights. In a statement to IndyStar, ACLU of Indiana spokesperson Laura Forbes said the organization is disappointed in the decision and is considering its options. When Senate Bill 202 progressed through the Indiana Statehouse in 2024, professors decried the legislation, claiming the bill would stifle academic freedom and damage higher education outcomes, recruitment and prowess. Academic freedom is defined as the ability for an institution's faculty and staff members to build curriculum, research and pursue knowledge without interference from government officials and administrators, according to several First Amendment organizations. Several U.S. Supreme Court cases have labeled academic freedom as protected under the First Amendment. SB 202 requires the state's public universities, when evaluating a faculty member's tenure, to consider whether they have embraced free expression and "intellectual diversity" in the classroom and if they have expressed political views unrelated to their discipline while teaching. It also directed universities to stand up a process for students to report professors on those grounds. If a university finds that a professor is teaching contrary to the law, the professor may not be granted tenure or be denied a promotion. The bill, introduced by Sen. Spencer Deery, R-Lafayette, was enacted in July 2024. A year in, a total of 14 complaints have been filed at Indiana University, Ball State University, Indiana State University and Ivy Tech University. It's unclear whether any disciplinary action has been taken on them yet. The ACLU's complaint argues that the law was not adequately defined, and the professors have changed the content and pedagogy of their courses in fear of disciplinary action. An ACLU news release said the law could chill course debate over concerns that unfounded theories must be given the same credence as "rigorously studied academic analysis." The lawsuit was the ACLU's second attempt to challenge the law. It first challenged SB 202 in May 2024, but that effort was dismissed after the judge said the plaintiffs lacked jurisdiction to sue. The USA TODAY Network - Indiana's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.
Yahoo
29-05-2025
- General
- Yahoo
Judge issues preliminary injunction against IU 'expressive activity' policy
Protesters hold hands as the Indiana State Police stand in a line in the background April 27, 2024, at Dunn Meadow in Bloomington. (Jacob Spudich /The Indiana Daily Student) A federal judge has blocked Indiana University's 'expressive activity' policy, issuing a preliminary injunction against the educational institution's 2024 rule on Thursday. Protesters across the country, many of them college students, rallied in support of Palestine near the end of the 2024 school year. At protests on IU's Bloomington campus, police arrested 57 protesters at a pro-Palestine encampment following a last-minute rule amendment concerning temporary structures in Dunn Meadow that reversed a long-standing policy. Later that year, in November, the university implemented a new policy that required prior approval for daytime campus protests and banned activities occurring between 11 p.m. and 6 a.m. The American Civil Liberties Union of Indiana responded by filing suit on behalf of students, faculty members and others who wished to protest against the school in the future. IU releases review of April protest activity and enforcement According to the rule, an expressive activity can include protests, speeches, petitions and 'all other unapproved conduct and activities otherwise prohibited' by school policy or law. Plaintiffs argued that the new language restricted activity during nighttime hours even if it wasn't disruptive while university officials maintained that its police department was too short-staffed to allow for overnight protests. Determining that the case would likely succeed in court and potentially violated the First Amendment, U.S. Southern District of Indiana Judge Richard L. Young ruled in favor of the plaintiffs. 'In sum, the Policy likely burdens substantially more speech than necessary to further the University's interest in public safety and thus lacks narrow tailoring,' ruled Young. 'IU's policy would apply to activities such as peaceful candlelight vigils, silently holding a sign, or even wearing a t-shirt that protests world events. The First Amendment does not allow a governmental entity to prohibit all forms of expression during certain hours of the day. We're pleased that the Court agreed,' said Ken Falk, the ACLU of Indiana's legal director. pidecision SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
