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Tuesday, Dec. 3
The Indiana Daily Student

Black Voices

Black Voices: How IU's Expressive Activity Policy has impacted the Dunn Meadow encampment

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When IU dismantled the last of the pro-Palestinian encampment Aug. 2, it had been 100 days since it was erected. Students and faculty alike have expressed disappointment with the way these encampments were shut down, especially when it came to be an issue of free speech. 

“The disbanding of the liberated zone and the subsequent fencing off and bulldozing of Dunn Meadow is a real shame,” Sarah Phillips, an anthropology professor at IU, said. “It is both materially and symbolically reflective of the IU administration’s lack of regard for free speech and assembly.”

Though many wanted to stay and continue the demonstration, protesters decided instead to watch their encampment begin to be torn down. They stood on the sidewalks to protect themselves from further harm. Jess Tang, an IU community engagement coordinator, helped organize the encampment and thanked the protesters for their support. 

“I am immensely proud of every organizer, anyone who showed up to support us and anyone who put in any amount of work that allowed this encampment to continue like this for 100 days,” Tang said in an interview on August 24. “It’s a joyous milestone.”

There are four main conditions IUDC has demanded from the university: To disclose their investments tied to Israel and the military-industrial complex, to divest from said partnerships and any other that supports genocide, to create a space for Middle Eastern and Muslim students to feel welcome with more culture centers while hiring more Palestinian faculty, and for the resignation of President Pamela Whitten, Vice Provost Carrie Docherty and Provost Rahul Shrivastav. The group also demanded IU do more to support its Middle Eastern and Muslim students on campus. 

“I think it's a disgrace that the encampment was forced to end with none of their demands yet addressed,” Jeff Moscaritolo, an IU graduate student, said in an interview on Sept. 4.

Though their numbers were reduced, protesters remained in the Dunn Meadow encampment throughout the summer.  They held “teach-ins” to discuss Palestinian liberation and the history of Palestine, along with topics including Black and Palestinian solidarity. Protesters gave out educational materials including books, zines and student-made pamphlets with information about the Israel-Hamas War. However, the educational materials were removed in preparation for the disbandment of the encampment to be preserved.

“We wanted to at least make sure that they knew that we’re not going to stop protesting until our demands are met, even if the camp is no longer standing in Dunn Meadow,” Tang said.

Protesters planted a memorial garden on Mother’s Day, which was inspired by a martyr in Palestine named Bassem Abu Rahmah, and his mother, Sabiha Abu Rahmah. 

As a part of restoring the grounds, the university commissioned a fence to be put up surrounding the assembly area. When they dismantled the encampment, IU used heavy machinery to remove the garden along with the tents that were put up. 

 “The university took a lot of violence and effort to level the garden and pull out all the crops that we grew,” Tang said. 

Armed with an official policy prohibiting some forms of protest, IU has already begun issuing conduct violations to students and faculty who engaged in “expressive activity” after 11 p.m., which is prohibited by IU’s new Expressive Activity Policy

“That level of restriction isn’t designed to be enforced evenly,” Bryce Greene, a leader for the IUDC, said in an interview Sept. 4. “It’s designed to be targeted against people who are doing some sort of political activity the university doesn’t like.” 

Greene has received conduct violations of his own for attending a Sunday vigil protesting the new policy. He met with the head of IU Student Conduct, Libby Spotts, to get the violations revoked. Greene said he feels unsafe going to these meetings alone, in fear that the university may push him into incriminating himself even further. He makes sure another person with knowledge and experience with the university guidelines accompanies him to each meeting. 

“I’m not certain about what words could be used against me in the future,” Greene said. “I'm also not fully briefed on the nature of the university policy. So if I'm being treated unfairly, I’m not necessarily sure I would be the person who would be able to spot that immediately,”

One of the other protesters who was arrested in April was Phillips. She was disappointed the university disbanded the encampment and fenced off and bulldozed Dunn Meadow. 

“The justification for closing off Dunn Meadow is Orwellian double speak at its worst,”  Phillips said. “You don’t put a fence around a space to make it more ‘accessible!’” 

Cooley LLP, a law firm that has been active since 1920, was hired by IU earlier this year to conduct an independent review after various departments and schools condemned the university's actions in April. The Cooley report concluded that IU's response, that included calling in the Indiana State Police and bringing in snipers, was justified as the best decision for the safety of the students. 

According to those who were in the encampment, the report leaves out several factors surrounding the protests and the extent of the violence used on protestors. They feel the Cooley report minimizes the damage the police officers did and puts most of the blame on the protestors. 

In the report, Cooley frequently cites the protestors’ refusal to take down their tents as the motivating factor for much of the force used by IUPD and ISP. 

“The university purposely made it not viable with this new policy that includes the stipulation that they can use violence as a tactic,” Tang said. “They can call state police, they’ll use any means they can to shut us down,”

The University Alliance for Racial Justice responded to the Cooley report, highlighting some of Cooley's oversights. In its response, the UARJ points out the report’s “incomplete reporting, biased presentation, unsubstantiated allegations, and failure to investigate possible racial discrimination,” as reasons to invalidate its conclusions. 

“On a broader level, the Cooley Report fails to address what should be the most central issue in reviewing the events at Dunn Meadow. Was the level of aggressive police intervention, involving arrests with physical force, military hardware and a sniper nest justified for this level of protest?” the UARJ report reads.

Indiana Public Media reported that IU paid Cooley LLC $400,000 for their investigative report. Greene also questioned the report’s neutrality, citing the fact the university paid for it.

“The Cooley report itself was designed not to get to the truth of the matter, not to present a holistic picture,” Greene said. “It was designed to exonerate the university and justify whatever it wanted to do in the future,” 

The Cooley report also recommended more state funding for IUPD.

“The way they justify the increase in police funding is that the protests may lead to an escalation in violence by introducing counter-protestors or going farther in their demonstrations,” Tang said. “This is a legal concept called the ‘heckler’s veto’ and under the First Amendment, this is not a legitimate way to repress speech.”

The Expressive Activity Policy has made it more difficult for the group to continue, not only their encampment but their entire protest. However, despite disagreement from some board members, the policy passed with no amendments and took effect Aug. 1.

In response to the dismantling of their encampment, the pro-Palestinian protesters are still going strong. The IUDC held its first rally of the year after the student involvement fair on Aug. 29. Tang reported a turnout of 150 to 200 people at this event, all utilizing their right to protest peacefully. 

“I think the main effect is more people are scared of running afoul of this new policy which I’m sure was its intended result,” Greene said. “The policy isn’t meant to keep anyone safe or protect students in any way, shape, or form. It’s meant to deter people from taking stances.”

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