Former Indiana Daily Student adviser sues IU trustees, alleges firing was unconstitutional

Indiana University

The former adviser of the Indiana Daily Student, Indiana University’s student-run newspaper, has filed a lawsuit against the university’s trustees, alleging they violated his First and 14th Amendment rights when they fired him earlier this month for what he described as “retaliation.”

James Rodenbush, the former adviser, filed the complaint in the U.S. District Court for the Southern District of Indiana on Thursday, arguing that his termination resulted from his refusal to “censor the students’ work” in the newspaper, known as the IDS, and because of his complaints regarding what he alleged was the university’s restriction on free speech rights.

Shortly after Rodenbush’s termination, the university ordered the IDS to end all print publications, which prevented it from publishing a planned issue that would have been available during IU’s homecoming weekend. On Thursday, the IDS reported that the IU administration had changed course and will allow the school to print special issues through the current school year.

According to the IDS story, IU Bloomington Chancellor David Reingold said in a letter to the IDS that he had “authorized the financial office to allow the IDS, under the supervision of The Media School, to use their established budget through June 30, 2026, as the editors see fit—so long as they remain true to their budgetary parameters.”

The letter, which the IDS published, referenced a “personnel decision … regarding a staff member engaged with the IDS.” But it said the university “cannot speak about the details of that decision.”

In his lawsuit, Rodenbush argued that his termination violates procedural due process rights under the 14th Amendment since he was terminated without “any notice or opportunity to be heard.”

“If the faculty and staff and students at IU had any self-respect or dignity left, they would strike,” said Jon Little, an attorney with Saeed & Little LLP representing Rodenbush, told The Indiana Lawyer. “That’s the only way, I guess, the IDS is ever coming back.”

The Indiana Lawyer left a message seeking comment with an IU spokesman, who did not immediately return the call. The Lawyer later sent the spokesman an email.

Rodenbush requested a jury trial. He is seeking reinstatement to his position, compensatory and punitive damages in an amount to be determined at trial, and attorneys’ fees.

The former adviser is also arguing that university be required to clear his record in regard to any disciplinary actions taken in “unlawful violation of his rights” and that IU be enjoined from disclosing any information about his discipline in any context, including letters of recommendation or reference. 

On Oct. 14, the university fired Rodenbush after what he said were rising tensions between the university’s leadership and editors at the IDS over what content should be published in the paper’s special print editions.

According to the lawsuit, IU Media School Associate Dean Galen Clavio told Rodenbush that university administrators were frustrated about news stories that were being included in special edition papers, which were the only printed materials the IDS published under an agreement made because of budget problems.

The suit alleges that Rodenbush was berated in a meeting with university officials, including Clavio, over his refusal to follow the university’s demands for the student paper.

Rodenbush then filed a complaint with human resources, which the suit says later organized an Oct. 9 meeting between Rodenbush and IU Media School Dean David Tolchinsky.

At that meeting, the suit said, Tolchinsky told Rodenbush that he expected the student media adviser would function as “a traditional newspaper publisher” and determine the content of the paper. If Rodenbush did not agree, Tolchinsky allegedly said, then student media would need to be reevaluated.

Five days later, Rodenbush was fired, effective immediately, despite never having a negative performance review and without any notice or opportunity to be heard, the suit said.

In Rodenbush’s Oct. 14 termination letter, Tolchinsky said that Rodenbush’s “lack of leadership and ability to work in alignment with the University’s director for the Student Media Plan is unacceptable,” according to the suit.

“Leadership has lost trust in your ability to lead and communicate appropriately on behalf of the University,” Tolchinsky added in the letter.

Shortly after his termination, the university ordered the IDS to end all print publications.

In his letter to the IDS on Thursday, Reingold wrote that “the juxtaposition of the personnel matter and the budget-related decision to pause printing of the IDS fueled a perception that editorial content drove the decision not to print.”

“Let me be clear,” he wrote. “My decision had nothing to do with editorial content of the IDS. And contrary to what has been posted on social media and published, Indiana University has never attempted to censor editorial content, period. The IDS is, and remains, editorially independent.”

Rodenbush’s termination and the school’s decision to stop the print issues led to a firestorm of attention from news publications around the country. Several student-run newspapers also criticized the university’s decisions.

According to Rodenbush’s complaint, one of the stories set to be published in the October edition of the IDS was a review of a documentary critiquing IU’s administration and attacks on freedom of expression, which included Indiana Gov. Mike Braun’s termination of three alumni-elected IU trustees. Under a law approved by the Legislature, Braun then appointed three new trustees, including two conservatives, in their stead.

“James Rodenbush was fired because he refused to toe the party line and because he refused to force the student journalists he supervised to kowtow to the edicts of the Governor Braun-installed University Trustees,” the complaint said.

A spokesperson with the Governor’s Office did not immediately respond to a text seeking comment. The Indiana Lawyer also emailed the Governor’s Office seeking comment.

The case is James Rodenbush v. The Trustees of Indiana University, 1:25-cv-2230.