BLOOMINGTON, Ind. (NETWORK INDIANA) — The ACLU of Indiana said Thursday that they are suing Indiana University’s “Expressive Activity Policy” which took effect Aug. 1.

They filed the lawsuit on behalf of ten plaintiffs, all who reside in Monroe County.

The policy prohibits “expressive activity” between the hours of 11 pm and 6 am. It applies to all students, employees, and to guests and visitors of the University as well. Those who violate it could face a wide range of punishments. Students could be suspended or expelled and staff could face termination.

“When the government seeks to restrict expressive activity, it must do so in a narrow way that is tailored to legitimate interest and it must not be overbroad. This is written so broadly. It prohibits someone standing silently in a vigil. It prohibits someone talking to another person quietly about organizing something in the future. We could go on and on,” said Ken Falk, legal director for the ACLU Indiana in a Thursday news conference on Zoom.

He contends this policy violates the First Amendment.

“We all are aware of things that happen late at night. Elections are decided, wars are declared, and people are executed. All of those prompt legitimate reactions under the First Amendment. Now all of those are vulnerable with this policy,” said Falk.

David McDonald is an associate professor of Folklore and Ethnomusicology at Indiana University. He’s been teaching at IU for 16 years and he says he’s been hearing concerns from students about the policy.

“They say they heard what’s going on at Indiana University prior to coming here an they are incredibly concerned about what their four years here will look like especially if these policies are enforced,” said McDonald.

Falk says he’s disturbed by the fact that the policy is being enforced now and the ACLU is filing a preliminary injunction to put the policy on hold until the case is resolved in court.

The university’s new policy defines “expressive activity” as conduct that includes:

-Participating in speech or conduct protected by the First Amendment to the Constitution of the United States

-Communicating by any lawful, verbal, written, audio/visual or electronic means

-Participating in peaceful assembly

-Protesting

-Making speeches, including speeches of guest speakers

-Distributing literature

-Carrying signs

-Circulating petitions.