Indiana University's Board of Trustees revised policy to prohibit overnight expressive activity. After protests, criticism, public input and the launch of an ACLU lawsuit, the policy was revised in November 2024. (George Hale, WTIU)
A federal judge has paused part of Indiana University’s expressive activity policy after an American Civil Liberties Union of Indiana lawsuit.
The ACLU suit said the university violated the First Amendment by restricting when “expressive activity” — such as protesting, making speeches, carrying signs and peaceful assembly — could occur. IU prohibited expressive activity between 11 p.m. to 6 a.m. The ACLU filed the lawsuit against IU in 2024, representing faculty, staff and students reprimanded for violating that policy.
A judge in the U.S. District Court for the Southern District of Indiana granted a preliminary injunction Thursday, agreeing that the policy is unconstitutionally overbroad. IU cannot enforce the overnight restrictions in the policy while the case moves forward.
“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,” said ACLU legal director Ken Falk. “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.”
Read more: ‘Free speech ends here’: Late-night vigil defies new IU restrictions
The university has since amended the policy, allowing some overnight activity. Unapproved activities such as protesting, making speeches and circulating petitions were still banned overnight in the amended policy.
Read more: IU trustees amend controversial expressive activity policy
An IU spokesperson said the university does not comment on pending litigation.
The measure changed IU’s longstanding designation of Dunn Meadow as an “assembly ground.” It passed after encampment protests from anti-war organizers in Dunn Meadow.
ACLU IU 5-29-2025 Decision by Indiana Public Media News on Scribd
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.
