The IU Board of Trustees approved an update to the university’s expressive activity policy Friday, including new specifications on overnight restrictions.
“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 in a press release. “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.”
The updated policy now allows university scheduled or authorized events to last into the hours of 11 p.m. to 6 a.m., as well as events with prior written approval. Spontaneous or contemporaneous assemblies, including distributing literature, are also permitted.
Some IU professors said students who lined up outside Memorial Stadium before ESPN’s College GameDay on Oct. 26 violated the policy. The university said the students were not in violation of the policy because it was a university sanctioned event and waiting in line is not considered expressive activity.
IU administration told the University Alliance for Racial Justice to revise a request for a candlelight vigil earlier this month. Assistant General Manager of IU Event Services, Michael Kersteff, told one of the vigil organizers that nonamplified sound and handheld candles past 11 p.m. was permitted. The university initially approved the request but later said the request did not mark the event as expressive activity and asked the UARJ to revise its request.
Protesting, making speeches and circulating petitions from 11 p.m. to 6 a.m. remain prohibited under the new revisions.
The rest of the policy, including bans on camping, required approval for signs and temporary structures and restrictions on impeding vehicle and pedestrian traffic, remains the same.
The board first approved the policy in July, and it took effect in August. The policy has received backlash since that time, including a protest Nov. 8 outside the Monroe County Courthouse.
The American Civil Liberties Union of Indiana filed a lawsuit against IU in August, writing the policy is overly broad and violates the First Amendment.
The UARJ and Protect IU, two organizations comprised of mainly IU faculty and students, have organized vigils near the Sample Gates to protest the policy on Sundays throughout the semester. Each vigil purposefully began at or stretched to 11 p.m.
Organizers say more than 20 students and faculty and one community member have received referrals, which warn of suspension or termination if they continue to violate the policy. The Indiana Daily Student has independently verified nine of the referrals.
The change to the policy is effective immediately. More information about the policy is available on IU’s website.
