By: Jordan Sarver-Bontrager and Mira Costello
Media Writer, Editor-in-Chief
September 4th, 2024
Indiana University, in response to the massive protests on campus related to Israel’s ongoing siege on the Gaza strip, has unveiled a new expressive activity policy to regulate the protests that became effective on Aug. 1.
Students have held protests nationwide to demand that their universities disclose their investments and divest from Israel and its supporters, and the same has happened at IU, particularly in Bloomington where students held a weeks-long encampment.
This policy has been controversial as many students believe that this policy infringes upon their first amendment rights, especially with the rule that only allows expressive activity from 6 a.m. to 11 p.m., which appears to specifically target encampments in which students stay overnight.
Many other parts of the policy seem to refer specifically to actions by students at Dunn Meadow, the grassy area near the Indiana Memorial Union on the Bloomington campus that has been used as a protest area and gathering place for decades and was the site of the summer encampment.
Expressive activity may not disrupt classes or activities on campus, and structures like tents, which were a huge staple during the protests in Bloomington as the protesters were camping in Dunn Meadow, now must be approved by the university before doing any expressive activity. Camping is also not permitted by policy, which was essential to the protests as students camped at Dunn Meadow as a show of resistance against the university’s actions.
Stipulations about affixing signs or symbols to the ground, hanging signs or symbols from buildings and putting light projections on buildings also seem related to the protests, during which protestors draped Palestinian flags from buildings and displayed them across the encampment.
The policy also prohibits blocking access to buildings and facilities on campus, a tactic used by the protesters in the spring, and includes a clause about amplified sound, which may include speaking through a megaphone – a protest staple.
Nearly all the regulations in the policy are measured by the mandate that expressive activity “may not materially and substantially disrupt official activities of the university”, which includes knowingly or intentionally hindering others’ expression or communication or preventing lawful gatherings by fighting or physically blocking people from participating.
The policy also contains a supremacy clause stating that if another university policy should conflict with it, “the terms of this enterprise-wide policy shall control and supersede any such conflict, ambiguity, or inconsistency.”
To read the complete policy as well as the university’s statement on the First Amendment, visit freespeech.iu.edu.
FAQ
What is Expressive Activity?
According to the policy, these forms of expressive activity are protected:
- Speech or conduct protected by the First Amendment
- Communicating lawfully
- Peaceful assembly
- Protest
- Speeches and guest speeches
- Distributing literature
- Carrying signs
- Circulating petitions
What is prohibited?
The policy prevents the following activities that may be involved in expressive activity:
- Installing a structure or “mass physical object” without advance approval. The policy does not define “mass physical object”.
- Putting signs or symbols in the ground or hanging them from university structures
- Preventing the removal of an unapproved structure or sign
- Using stickers or permanent or non-water soluble substances to mark on university property
- Using chalk on somewhere other than the sidewalk
- Camping
- Displaying light projections on university buildings
The policy also prohibits blocking entrance or exit from university buildings and interfering with pedestrian or vehicular traffic. It says that expressive activity “must take place a minimum of twenty-five feet, or whatever space is necessary to preserve public health, safety, and welfare” from the entrance to any university building.
Does this mean I can’t exercise freedom of speech after 11 p.m.?
The regulation in the policy reads, “Expressive Activity must take place between the hours of 6:00 a.m. and 11:00 p.m.” The policy does not clarify this further. Since the given definition of expressive activity includes speech or conduct protected by the First Amendment, the policy implies that such speech or conduct is not permitted by the university outside of the stated hours.
What happens if I violate this policy?
The policy states that if a student is found to participate in “conduct reasonably believed to be in violation” of the policy, the university may take immediate action, including “citation, trespass, and/or interim suspension from campus.” After the disciplinary process has been completed, students who have violated the policy may be suspended, expelled, terminated from university employment or made responsible for any costs incurred by the violation.
If I get prior approval, can I still have a protest?
The policy seems to allow for most of the activities listed if prior approval from the university is obtained, but it does not specify how difficult or easy it may be to secure such approval. It also contains a clause noting that “priority for the use of university property will be given to academic and administrative departments of Indiana University, as well as registered university student organizations”, which suggests that students attempting to secure permission for a protest may encounter difficulty if they are not part of a registered university student organization.