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A federal judge has ruled that Indiana University’s August 2024 expressive activity policy violated the First Amendment and that the school must expunge any disciplinary action it took against those who violated the policy during a protest at Dunn Meadow.
In addition, the judge found that Indiana University President Pamela Whitten and Associate Vice President and Superintendent for Public Safety Benjamin Hunter are immune from liability for issuing trespass warnings to those who violated the policy.
The ruling came Thursday, nearly eight months after U.S. District Judge Richard Young granted a preliminary injunction blocking the university’s policy regarding protests on campus. The policy was enacted following protests on college campuses across the country in response to the Israeli-Palestinian conflict.
The original lawsuit was filed in May 2024 by the American Civil Liberties Union of Indiana on behalf of several protestors who were arrested and issued no-trespass orders as a result of their protesting at Indiana University’s Dunn Meadow. The lawsuit named the Indiana University Board of Trustees, Whitten and Hunter as defendants.
Ken Falk, director for the ACLU, and Anthony Prather, general counsel for Indiana University, did not immediately respond to a requests for comment.
All 10 plaintiffs represented in this case were arrested in Dunn Meadow for participating in protests over the conflict.
In August, the university issued an expressive activity policy prohibiting “expressive activity” from happening on IU property between 11 p.m. and 6 a.m. The university later updated the policy in November to require pre-approval for any overnight activities.
In May, the federal district court granted the plaintiffs’ motion for a preliminary injunction, enjoining the school from enforcing its November 2024 policy. A few weeks later, the policy was amended to remove any overnight restrictions.
Though the university also rescinded letters of reprimand issued to plaintiffs for violating the August 2024 policy, the plaintiffs argued the disciplinary actions should be expunged from their permanent records.
The federal court ultimately ruled that the August 2024 policy violated the First Amendment because the policy established such a sweeping ban of First Amendment-protected activities. As a result of the ruling, the judge ordered the university to expunge any disciplinary action that was taken against plaintiffs who violated the unconstitutional policy.
As to the plaintiffs’ challenge of the university’s November 2024 policy, Young ruled it moot.
The case is Jasper Wirtshafter et al. v. the Trustees of Indiana University et al., 1:24-cv-00754-RLY-MKK
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