Federal Judge Blocks Indiana University Overnight Protest Policy

A federal judge has issued a preliminary injunction blocking Indiana University from enforcing parts of its 'expressive activity' policy that prohibited protests and other expressive activities between 11 p.m. and 6 a.m., ruling that the policy likely violates the First Amendment. The policy, enacted in 2024 following pro-Palestinian protests and a lengthy encampment in Dunn Meadow that resulted in numerous arrests, required prior approval for protests during the day and banned overnight activities such as camping or use of structures. The American Civil Liberties Union of Indiana filed a lawsuit on behalf of students, faculty, and staff, arguing that the policy was overly broad and suppressed free speech, including peaceful activities like candlelight vigils or wearing protest clothing. Judge Richard Young found that the policy burdened substantially more speech than necessary to ensure public safety, lacked narrow tailoring, and would apply even to small, peaceful protests unlikely to threaten safety. While the injunction halts enforcement of the overnight protest ban, other parts of the policy, such as prohibitions on unapproved camping and temporary structures, remain in effect. Indiana University declined to comment on the pending litigation but previously cited public safety and campus accessibility concerns as reasons for the policy.