INDIANAPOLIS — The ACLU of Indiana filed another lawsuit against Indiana University Thursday, challenging the university's new expressive activity policy, which went into effect on Aug. 1.
The lawsuit represents several members of the IU community and is filed against the Indiana University Board of Trustees and IU President Pamela Whitten.
In a statement Thursday, IU Spokesman Mark Bode said the university does not comment on pending litigation.
In the filing, the ACLU of Indiana claims the policy violates the First Amendment of the U.S. Constitution for being "substantially overbroad and is not appropriately tailored."
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Under the new policy, expressive activity is defined as “assemblies, speech, distribution of written material, carrying of signs, picketing, protests, counter-protests or sit-ins.”
Additionally, expressive activity is not allowed on campus between 11:00 p.m. and 6:00 a.m.
“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 statement "The protections of the First Amendment do not end at 11:00 p.m., only to begin again at 6:00 a.m.”
Expressive activities are also prohibited in instructional, administrative, or residential purposes or areas not otherwise open to the general public, like classrooms, studios, laboratories, residential spaces and offices.
Encampments and overnight expressive activity are also prohibited under the proposed policy, which mirrors the policy changed late into the night on April 24, the night before the IU Divestment Coalition began their encampment.
The expressive activity policy sets restrictions on “temporary structures,” but does not specifically state what is considered a temporary structure.
However, the policy does mention that signs are not allowed to be posted onto any university-owned property without asking for approval at least 10 days in advance of the protest.
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On the 100th day of the protest, IU fenced off and cleared what was left of a pro-Palestine encampment in Dunn Meadow.
In an email, Tom Morrison, Vice President for Capital Planning and Facilities, said “the heavy use of that space since April and placement of temporary structures unfortunately damaged the area, necessitating extensive repairs now that the structures have been removed.”
When asked on Aug. 20, IU Spokesman Mark Bode said there was no update on when construction would be complete.
The ACLU has another pending lawsuit against IU over claims the university violated the First Amendment rights of the protesters arrested during the Gaza encampment in Dunn Meadow.
Indiana State Police arrested 55 people on April 25-27, but the Monroe County Prosecutor’s Office declined to file any of the charges.
