Court Orders IU to Expunge Protesters’ Reprimands from Records

A federal court has ruled that Indiana University (IU) infringed upon the First Amendment rights of pro-Palestine protesters. This decision, announced on a Thursday, follows IU’s ban on these individuals from campus in 2024. The court also deemed a policy regarding expressive activities implemented in August 2024 as unconstitutional.

Background of the Case

The lawsuit involved ten plaintiffs, including IU faculty, graduate students, and alumni, all represented by the American Civil Liberties Union (ACLU) of Indiana. The case originated from no-trespass orders issued by the IU Police Department, which were distributed following arrests made during protests. A Monroe County prosecutor previously labeled these arrests as “constitutionally dubious.”

Candlelight Vigils and Sanctions

All plaintiffs had received no-trespass orders, while five were sanctioned for violating IU’s policy against “expressive activity” after 11 p.m. They participated in candlelit vigils advocating for free speech. As a result of the court’s ruling, these no-trespass orders have been rescinded.

Recent Court Decisions

This week, the federal court ordered that the formal warnings for nighttime protests be expunged from the plaintiffs’ records, meaning these letters will no longer appear in their files. Attorney Stevie Pactor from the ACLU expressed satisfaction with Judge Richard Young’s ruling, emphasizing its potential impact on IU’s approach to the First Amendment.

Implications of the Ruling

• The court affirmed that IU’s expressive activity policy violated constitutional rights.
• Formal warnings related to nighttime protests have been nullified.
• Expungement of no-trespass orders enhances the rights of the plaintiffs.

While the ruling was largely in favor of the plaintiffs, Judge Young denied their claims for damages against IU President Pamela Whitten and Superintendent for Public Safety Benjamin Hunter. Young cited that “the law was not sufficiently clear” for them to have recognized the violation of First Amendment rights, granting them qualified immunity.

Conclusion

This court decision marks a significant moment for free speech advocacy at Indiana University, highlighting the importance of protecting expressive rights on campus.