Indiana University encourages the free and civil exchange of ideas and academic freedom. But what does “free speech” mean and how does IU balance the rights of individuals to engage in protected First Amendment speech and expressive activity with its responsibility to protect public health, safety, and welfare, and to prevent the disruption of university educational and administrative functions?
The First Amendment to the U.S. Constitution protects freedom of speech for all, which includes both spoken and written words, as well as symbolic speech and expressive activity. For example, an individual may express an opinion by remaining silent, by wearing an armband or other apparel that communicates a message, or by engaging in expressive activity to convey an opinion, such as taking a knee or engaging in a sit-in. All of these expressive activities, along with spoken words, signs, and leafletting/tabling are considered “speech” under the First Amendment.
As an educational institution, Indiana University encourages discussion from a variety of different perspectives and viewpoints on all of its campuses. Members of the IU community invite speakers with a wide range of views to our campuses on a regular basis as part of our educational and research missions
Yes; governmental entities, including public universities, retain the authority to regulate the time, place, and manner of free speech and expressive activities in order to protect public health, safety, and welfare and to prevent the disruption of their governmental functions—in the case of a university, its educational, research, outreach and business functions, and normal or scheduled uses of university property by the campus community. Any limitations must be reasonable and independent of viewpoint or belief.
For example, a peaceful event involving a gathering of demonstrators with signs can generally proceed with no intervention; however, the demonstration may be redirected to another location or dispersed if the group is blocking ingress and egress to buildings or interfering with pedestrian or vehicular traffic.
IU policy stipulates that expressive activity must not take place in areas used for instructional, administrative, or residential purposes, or are not otherwise open to the general public, such as classrooms, studios, laboratories, residential space, construction sites, or office areas. The policy also states that expressive activity must take place between 6 a.m. and 11 p.m. and comply with local, state and federal laws.
Yes. While the First Amendment protects most types of speech and expressive activity, obscenity, physical violence, specific threats of physical violence, intimidation, and the destruction of property are not protected.
There is no “hate speech” exception to the First Amendment. Speech that is hateful, offensive, or inconsistent with the university’s values is nonetheless protected speech under the First Amendment.
An invitation by an internal sponsor or a reservation of space by an external sponsor does not constitute the university’s or the internal sponsor's endorsement of any or all the speaker’s views or opinions.
The best response to speech that a listener finds offensive is civil counter-speech. Threats, violence, or the disruption or interference with the speaker's right to speak and that audience’s right to hear by counter-protesters (the so-called "heckler’s veto") is likewise not protected by the First Amendment.
Indiana University is committed to the free sharing of ideas and viewpoints for all. This commitment to free inquiry and expression guides our teaching and research. Students and faculty are encouraged to engage in respectful discussions with those whose perspective may be different than their own. IU offers a variety of courses, events, student groups, and activities that span across the spectrum of ideas and viewpoints. In addition, faculty and student groups traditionally invite a variety of speakers to our campuses that present a wide range of positions on issues facing the campus community and society at large.
Indiana University affords and is committed to protecting the rights of students, faculty, staff, and invited guests and visitors to free speech and expressive activity, such as assembling and speaking in public areas of campus, as well as writing, publishing, and inviting speakers on any subject. These protections are embodied in:
Protests and demonstrations are governed by the university’s Expressive Activity Policy. The expressive activity policy builds on IU's First Amendment Policy by supporting and encouraging freedom of speech, which includes peaceful demonstration.
All guests and visitors to Indiana University, as well as IU community members, must adhere to the policy. IU community members include:
A. Any employee of the university, including administrators, academic appointees, staff, part-time, temporary, and student employees;
B. All students and student organizations;
C. All university units;
D. University contractors;
E. Any individual using Indiana University resources or facilities or receiving funds administered by Indiana University; and
F. Volunteers and other representatives when speaking or acting on behalf of Indiana University.
The expressive activity policy builds on IU's First Amendment policy by supporting and encouraging freedom of speech, including peaceful demonstration. IU is committed to the free sharing of ideas and viewpoints for all.
The policy protects freedom of expression and allows:
The policy also includes regulations on the time, place and manner of expression to avoid disruptions or infringing on the rights of others. The following activities are among those not permitted:
Expressive activity must also comply with local, state and federal laws.
All public areas on all IU campuses, including Dunn Meadow at IU Bloomington, are governed by the Expressive Activity Policy. Expressive activity must not take place in areas that are used for instructional, administrative, or residential purposes, or are not otherwise open to the general public, such as classrooms, studios, laboratories, residential space, construction sites, or office areas.
Yes, students can share their personal views if they do not materially or substantially disrupt class.
As outlined in IU's Academic Freedom Policy, when faculty write or speak as citizens, they should avoid appearing to be speaking for the university. Faculty should not subject students to discussion in the classroom of topics irrelevant to the content of the course.
Yes. The Expressive Activity Policy does not apply to signs people may hang in their dorm rooms or offices.
Yes, fliers can be posted in public spaces on IU campuses as long as they comply with policies, which vary by campus and building.
Guidelines for popular spaces on the IU Bloomington campus can be found on the Office of Student Life website, policy overviews for the IU Indianapolis Campus Center and housing facilities are available on the Division of Student Affairs website, and a posting policy for IU South Bend is outlined on the campus's Office of Student Life website.
For other building and campus policies, contact the location directly.
Expressive activity must take place between 6 a.m. and 11 p.m. and comply with local, state and federal laws.
The university-wide Expressive Activity Policy, approved by the Board of Trustees, goes into effect on all IU campuses Aug. 1, 2024.
Yes. Protests and demonstrations are governed by the university’s Expressive Activity Policy, which stipulates that this activity may not materially and substantialy disrupt university operations or significantly hinder the expressive activity of another individual or group.
As is the case with the speakers or events being protested, IU expects that dissenting opinions will take the form of civil dialogue, expression and sharing of beliefs and opinions in a manner that does not take the form of physical violence or pose a specific threat of physical violence to any person or involve the destruction of property. As noted above, efforts of counter-protesters to disrupt or interfere with a speaker's presentation—controversial or not—is not protected by the First Amendment and may result in redirection to another location or dispersal of the counter-protest.
Demonstrators and counter-demonstrators must comply with federal, state and local laws as well as IU policies. Failure to do so may result in referral to the appropriate faculty, staff, or student disciplinary processes, law enforcement, or both.
Yes, individuals can hold and carry signs expressing their viewpoints.
If you want to place a sign in the ground or affix it to university property, including buildings and flagpoles, you must submit a request using the University Events Registration form and receive prior permission from University Capital Planning and Facilities. Unapproved signs are subject to immediate removal without notice.
Yes, if the temporary structure receives prior approval. Temporary structures must be approved at least ten days before installation and adhere to university guidelines. Unapproved signs or structures are subject to immediate removal.
Camping, which includes the use of any item to create a shelter, is not a form of protected expressive activity. Camping, including cooking and the use of portable electric heaters, heating devices, generators, and other similar appliances and devices, and all portable toilets are not permitted on university property unless approved in conjunction with an approved university event.
Submit a request at least ten days in advance using the University Events Registration form.
The following departments are responsible for approval of temporary structures and/or mass physical objects proposed to be installed by members of identified groups:
Members of the Expressive Activity Support Team, launched in the summer of 2017 as the Demonstration Response and Safety Team, are student life professionals who work at demonstrations, rallies, protests, and other campus events on behalf of the Vice Provost of Student Life.
Their role is to be an onsite resource regarding students’ rights to free expression and about other people’s rights to free expression. Team members, who wear nametags and try to be visible, also answer questions from faculty, staff, and the general public pertaining to free speech on and around campus or by campus groups. Lastly, they can advise students and student groups on issues related to safety during their events.
For additional information about setting up events at IU Bloomington, the Division of Student Affairs outlines a number of policies and guidelines.
Senate Enrolled Act 202 (SEA 202) is an Indiana Senate bill concerning state educational institutions. It was signed into law on March 13, 2024, and was effective July 1, 2024. Key aspects of the law are that faculty and individuals contracted by the University to teach students are expected to help the University foster a culture of free inquiry, free expression, and intellectual diversity; introduce students to scholarly works from a variety of political or ideological frameworks that may exist within the curricula; refrain from subjecting students to views and opinions concerning matters not related to the faculty member’s academic discipline or the assigned course of instruction; and adequately perform academic duties and obligations. For a full digest of the original bill, please visit the Indiana General Assembly website.
The law requires instructors to help foster a culture of free inquiry, free expression, and intellectual diversity within the University. SEA 202 also provides that the law may not be construed to limit or restrict the academic freedom of faculty members or prevent faculty members from teaching, researching, or writing publications about diversity, equity, or inclusion or other topics.
The legislation outlines the following criteria for consideration in faculty promotion and tenure:
If students or employees of the University believe these criteria have not been met, they can make a report through the Classroom Climate form on IU’s anonymous reporting hotline.
The Statement of Policy on Institutional Neutrality establishes a position of institutional neutrality as required of state educational institutions by Senate Enrolled Act 202 (“SEA 202”) and limits the circumstances under which IU can take an official position on political, moral or ideological issues.
An “official position” represents IU’s stance on a particular issue and is typically communicated through the university’s official channels.
It applies to all IU community members, which includes employees, students, contractors, alumni and volunteers.
Yes. IU community members can express their personal views, but they should not do so in a way that suggests they are representing or speaking on behalf of the official position and statements of IU, including its schools, colleges, departments and student organizations.
Yes, as long as you do so on your personal social media account and not one that represents Indiana University, including its schools, colleges, departments and student organizations.
Use of an "expressive views" disclaimer should also be considered, depending on the circumstances. Such disclaimers make it clear that any statements used are solely the views of the author and that such comments are not intended to be construed, and shall not be construed, as the views of IU or comments made on behalf of or by IU. An example of a situation in which a disclaimer is a good idea is if you mention your connection to IU within your post or include it as a prominent feature of your profile.
No. If an IU community member clearly indicates that the statement represents their personal opinion and not IU’s official position, it is not a violation.
Yes. IU can advocate for state funding or education policies to the state and federal government.
No. The policy does not limit IU’s ability to communicate with the campus community and the public during such situations.
The Statement of Policy on Institutional Neutrality is compatible with IU’s existing policies, which protect the right of individuals to express their views.
Yes. The health and wellbeing of IU’s campus community is always a top priority. Regardless of an individual’s beliefs, IU provides numerous resources to help support them, including Counseling and Psychological Services (CAPS), Healthy IU, and workplace mental health services. IU students also have access to TimelyCare, a free, 24/7 virtual care service that includes emotional support, scheduled counseling, psychiatry and self-care content.
A: No, as long as the faculty member does not purport to be making a statement on behalf of Indiana University. If the faculty member is expressing their personal views on a social, political or moral issue, they should identify themselves as an individual. If using one’s university title as an identifier, special care must be taken to clarify that any such communication is still being made in the individual’s personal capacity and that the individual is not speaking on behalf of the university.
If a volunteer violates IU’s Neutrality Policy, their volunteer status with the university may be rescinded.
Encouraging the free and civil exchange of ideas is an important part of IU’s mission.
IU does not limit speakers or visitors (including protestors and counter-protestors) to the university on the basis of their points of view or beliefs. As noted above, a speaker or visitor, including protesters and counter-protestors, may be excluded from campus if there is physical violence or specific threat of physical violence or destruction of property.
An individual or group that wishes to host any event on campus must comply with the university's Event Management policy, which articulates how IU facilitates the varied and large-scale events conducted on IU's campuses consistent with law and university policies. This policy and its procedures are intended to foster and sustain the conditions necessary for the safe, free, and lawful expression of ideas in the context of a diverse academic community and to address public health, safety and welfare and promote the efficient and orderly use of university property.
