Court halts Indiana University’s "Expressive Activity” policy over First Amendment complaint

Today, the U.S. District Court for the for the Southern District of Indiana granted the ACLU of Indiana's request for a preliminary injunction against Indiana University over its “expressive activity” policy. The Court found that the policy likely violates the First Amendment.  

In a lawsuit filed in 2024, the ACLU of Indiana argued that the policy was overly broad because it prohibited “expressive activity” between the hours of 11 p.m. and 6 a.m., even when the activity is not disruptive.  

Finding that the plaintiffs are likely to succeed in the lawsuit, the preliminary injunction temporarily prohibits IU from enforcing the policy while the case moves forward. 

Ken Falk, ACLU of Indiana legal director, issued the following statement:  
“IU’s policy would apply to activities such as peaceful candlelight vigils, silently holding a sign, or even wearing a t-shirt that protests world events. The First Amendment does not allow a governmental entity to prohibit all forms of expression during certain hours of the day. We’re pleased that the Court agreed.” 

The preliminary injunction can be found here.