BLOOMINGTON — In a decision made Friday, the Indiana University Board of Trustees approved significant revisions to the university’s expressive activity policy, which governs when and where students and faculty can engage in protests, speech, and other forms of public expression on campus at their meeting in Fort Wayne.
The new policy, which takes effect immediately, distinguishes between university-sanctioned events and independent forms of expression that occur late at night. While the university will now allow approved events between 11 p.m. and 6 a.m., it prohibits individual expressive activities, such as protests, speeches, and petition circulation, unless the activity has prior approval.
The revisions have sparked controversy, particularly among critics who argue that the new rules infringe upon fundamental First Amendment rights. Under the previous policy, implemented on August 1, 2024, expressive activity was broadly defined to include assemblies, speeches, distributing written material, carrying signs, picketing, protests, counter-protests, and sit-ins. The original version of the policy restricted these activities entirely between 11 p.m. and 6 a.m., raising concerns about its potential chilling effect on free speech.
The changes come amid an ongoing lawsuit filed by the ACLU of Indiana. The ACLU represents several members of the IU community, including students and faculty, who argue that the policy violates their constitutional rights to free speech and assembly. The lawsuit names the Indiana University Board of Trustees and IU President Pamela Whitten defendants.
Ken Falk, legal director for the ACLU of Indiana, issued a statement condemning the revised policy: “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,” Falk said. “The protections of the First Amendment do not end at 11:00 p.m., only to begin again at 6:00 a.m.”
The ACLU argues that the policy’s time restrictions unfairly limit individuals’ ability to engage in peaceful, non-disruptive expressions of speech during late-night hours when many students are still active on campus.
Indiana University officials, however, defend the new policy as necessary for maintaining order and ensuring safety during nighttime hours. “This updated policy aims to balance the university’s commitment to free speech with the need to ensure that campus activities do not disrupt the university’s academic mission, especially during late hours when fewer people are on campus, and fewer resources are available,” said a statement from the university.
University events held during the nighttime hours will still be allowed. However, they must undergo a formal approval process to ensure they are conducted according to campus safety guidelines. Protests, speeches, and petitions will continue to be prohibited during these hours unless they receive prior authorization.
