Indiana University amended its controversial expressive activity policy, allowing for some “expressive activities” to occur between 11 p.m. to 6 a.m. while doubling down on prohibiting “protesting, making speeches, circulating petitions and all other unapproved activities” during those hours.
The policy now specifically allows for certain “permitted” activities to take place between 11 p.m. to 6 a.m., including “spontaneously and contemporaneously assembling and distributing literature,” events that receive prior written approval from the university, and IU scheduled or authorized events that take place during those hours.
The amendments passed by a measure of 5-2 during IU’s Board of Trustees meeting on Friday, with board members Vivian Winston and Kyle Siebert dissenting (board members Donna Spears and Cindy Lucchese were absent). Winston and Siebert both previously voted against the expressive activity policy when it first passed in July, with Siebert introducing a failed motion to remove time restrictions from the policy.
The amended policy is set to go into effect immediately.
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Amendments come after months of confusion, contradiction surrounding policy
The expressive activity policy was first passed in July and took effect Aug. 1 in response to pro-Palestinian encampments in IU’s Dunn Meadow.
Originally, the policy had said that all expressive activity had to take place between the hours of 6 a.m. to 11 p.m. But during the first three months of the fall semester, IU faced mounting questions about the policy’s constitutional grounds and apparent uneven enforcement.
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In August, the American Civil Liberties Union (ACLU) of Indiana sued IU over the policy, saying its provision on time restrictions was “overly broad” and in violation of the First Amendment. The case is still ongoing in court.
In October, protesters participating in a weekly vigil that intentionally took place past 11 p.m. drew attention to the fact that students cheering and gathering past 11 p.m. for ESPN’s College GameDay were not cited under the policy, while vigil protesters regularly were.
Last week, the policy was again questioned when a candlelight vigil event, seemingly in error, was approved to take place past 11 p.m. only for IU to quickly backtrack and say the vigil needed to conclude “no later” than 11 p.m.
“Since the policy went into effect, we’ve received questions about how it applies to various events taking place on our campuses,” IU Vice President and General Counsel Anthony Prather said during the Friday trustee meeting. “These changes are meant to address those questions and increase clarity so those who wish to exercise their rights know what’s permitted and what’s not.”
Controversial expressive activity policy once again divides trustees
During the vote on the policy amendments, elected trustee Vivian Winston and student trustee Kyle Siebert once again broke from the rest of the board — who tend to vote unanimously — in opposing the amendments, saying the time restrictions were still problematic.
In July, Winston, Siebert and trustee Donna Spears (who was absent during the Nov. 15 meeting), voted against the policy being enacted. Both Winston and Siebert echoed their concerns about the time restrictions during the vote on Friday.
“I feel like the time restriction rule has made it too difficult to fairly enforce,” Winston said during the meeting.
“I’m on board with the policy 90% of the time,” Siebert said. “I struggle with the restrictions.”
Amendments come on the day of delayed settlement conference
On the same morning the trustees passed amendments to the expressive activity policy in Fort Wayne, plaintiffs and defendants on the ACLU case against the policy were meeting in Indianapolis for a settlement conference.
The settlement conference was ultimately delayed on Friday. Bryce Greene, a prominent pro-Palestinian activist on campus and a plaintiff on the suit, said he believed both parties were concerned potential changes to the policy could make parts of the lawsuit moot.
Still, he believes the pressure from IU students and faculty is what led to the amendment change.
“The top line is that IU wouldn’t be changing this policy had it not been for this lawsuit,” Greene said. “It’s certainly not a loss for us.”
Freelance reporter Tim Harmon contributed to this article.
Reach Brian Rosenzweig atbrian@heraldt.com. Follow him on Twitter/X at@brianwritesnews.