Indiana University prohibits expressive activity between 11 p.m. and 6 a.m.
(George Hale, WTIU)
After hosting candlelight vigils for free speech every week since Aug. 25 on Indiana University’s campus, organizers planned to gather for their last protest Sunday. But they might have changed their minds.
The vigils take aim at the IU expressive activity policy’s curfew, with many protesters saying it is unconstitutional and authoritarian. The policy bans expressive activity on campus between 11 p.m. and 6 a.m., including protests and peaceful assembly.
A few days ago, protesters said they planned to stop violating the curfew. They believed IU was no longer enforcing the policy, because the administrators approved their request to host another vigil for the First Amendment on Sunday. Then IU reconsidered the organizers’ event request.
“There's no conversation,” said Heather Akou, one of the protestors. “It's just a demand. And so honestly, that's pretty demoralizing.”
Akou placed a request to host the last candlelight vigil at the Sample Gates Sunday at 10:30 p.m. IU Event Management quickly approved the request Oct. 29.
The request includes the event title, “The First Amendment exists 24/7,” as well as the description, saying the event is a “peaceful candlelight vigil to discuss and exercise our First Amendment rights.”
“I was really transparent about what we're planning,” Akou said. “Also, we had already had 11 other vigils. So, we're not doing anything different.”
Akou confirmed with Michael Kersteff, assistant general manager of IU Event Services, that handheld candles and the use of nonamplified sound would be permitted for the event. Then, when asked about time restrictions, Kersteff sent the Akou a copy of the expressive activity policy and said signs, amplified sound, symbols and structures must be removed or concluded by 11 p.m.
A few days later, Akou said she learned about the university’s response from reporters. The vigil could not extend past 11 p.m.
“I finally got a note, but it wasn't a request,” Akou said. “It was just, the event has to end at 11 p.m. End of story. It does say I can ask questions, but there's no request to update it.”
IU officials said there’s been no change to the expressive activity policy.
In a follow-up email, IU spokesperson Mark Bode said Akou “did not mark the event as one pertaining to expressive activity, and the requestor’s questions were answered with that understanding.”
The form includes a section to indicate if the event requested is a demonstration or protest. Akou said she thinks she selected that indication, but she can’t be sure. In any event, Akou said the vigils are more a conversation than a protest.
Participants still plan to meet for a vigil 10 p.m. Sunday and continue after 11 p.m. The group says people will vote to decide if they wish to continue the weekly, late-night gatherings.
The vigil will “include speakers recapping the various attacks from this administration on free speech, civil rights, and a peaceful and civil campus,” a press release said.
“I think that this week has still been successful, successful in showing how inconsistent and arbitrary IU’s enforcement of this policy has been,” said Russ Skiba, professor emeritus.
Ben Robinson, professor of Germanic studies, attended the Nov. 3 vigil. At the time, Robinson and other protesters believed IU was no longer enforcing the curfew and that the last vigil was approved.
At the protest on Nov. 3, Robinson said the group was declaring victory.
“They're cowards. They’re failing, and we’ve made that point,” Robinson said of IU’s administration. “They don't have the integrity to enforce their own hypocritical policy.”
While police and IU leaders attended the rallies and reported some speakers at the beginning of the semester, surveillance has dwindled. Robinson was reported and cited in August for violating the policy. Police haven’t attended the last few vigils, he said.
The American Civil Liberties Union of Indiana is suing IU over the policy. Ken Falk, ACLU legal director, said the policy is over-broad and violates the First Amendment.
Some protesters, including Robinson, who have been cited for violating the policy, have joined the lawsuit with the ACLU. The next hearing in court is Nov. 15.
“If there's a settlement, and they remove the portion that prevents free speech after 11 p. m., that's a victory,’ Robinson said.
He said the group is asking damages “for the harms caused to our basic rights.”
President Pamela Whitten will review the policy in the spring, Provost Rahul Shrivastav told the Bloomington Faculty Council in a September meeting. It was passed by the Board of Trustees last summer, after protesters with the IU Divestment Coalition camped out in Dunn Meadow for 100 days. The trustees said the policy protects campus safety.
George Hale contributed to this story.
Aubrey is our higher education reporter and a Report For America corps member. Contact her at aubmwrig@iu.edu or follow her on X @aubreymwright.
