New Indiana law is meant to protect free speech at universities. It may do the opposite. – The Herald-Times
Amidst a chorus of cheers, boos and "Let her finish" chants, conservative political commentatorAnn Coulter walked off the Whittenberger Auditoriumstage before college student Tara Layous finished asking her question.
Prior toits slightly fiery conclusion, the student action against Coulter'sappearance at Indiana University earlythis month was relatively restrained.There were no protesters picketing outside theevent. The nearby sidewalk's chalk work, sporting"Racist gathering" in bright pink letters with an arrow pointing toward the IMU, was the only prominent sign in the surrounding area. During Coulter's speech on the history of conservatism, the crowd's interruptions were sparse and far between.
More: IU waiting for instruction on Trump's campus speech order
It was only during the event's Q&A portion, when Coulter said Layous was taking too long to ask a question, that the mood shifted.
After a brief back and forth with a few audience members, Coulter left the stage. When asked why she was in such a hurry to shuffle along questions, Coulter responded she had a plane to catch. She noted the event, which was scheduled for 60 minutes, had already run over its allotted time.
Coulter later tweeted the event was "the funnest (sic)event I've done since COVID," with many questions from "the liberals, who were perfectly polite" until Layous' turn.
Immediately following the event, Layous, a senior at IU, told The Herald-Times she didn't come to the event as a protester. Layous said she didn't intend to prompt Coulter to leave and was disappointed the people after her didn't get to ask their own questions.
While Layous said she can't speak on whether free speech at Indiana University is protected as a whole, "I don't think it was (protected)today."
That's something state lawmakers sought to change during the most recent session of theIndiana General Assembly.Legislators intensified free speech protection oncollege campuses by passingHouse Bill 1190, which was later signed into law by Gov. Eric Holcomb.
Under this legislation, universities must create and publish clear policies on free speech rights and protections for students, faculty members and staff. Universities cannot prohibitprotected expressive activities atan outdoor, accessible area on campus,though they canenforce restrictions on the time, placeand manner.
The new law also requires universities to submit an annual report ofcomplaints to a higher education commission. If a student or student organization claims their right to free speech hasbeen violated on campus, theycan seek legal action, which could grant them upto $50,000, court costs andattorney's fees.
While the new law's stated purposeis to better protect speech, some have questioned whether its fine print will preserve or hinder a person's constitutional rights.
"The statute, whatever the intent of it might be, might actually chill protected speech instead of protect speech," said Joseph Tomain, a lecturer at IU's Maurer School of Law.
The legislation has drawn negative reactions from some IU faculty members, including Tomain.He describes himself as a fierce protectorof free speech and has dedicated his time both as a lawyer and educator to the topic.
"It's better to have some false speech be protected than it is to risk having truthful speech be unprotected. There is a cost to the United States' strong free speech protections, but ultimately, I think it's a cost worth paying in order to ensure that we have a functional democracy," Tomain said, noting that democracies work best when there's a free marketplace of ideas.
There are some aspects of the new law Tomain appreciates, such as requiring universities to have accessible free speech policies and attempting to bar counter-protesters from using a "heckler's veto,"which happens when a person or group who disagrees with a speaker's message is able to silence them through disruptive intervention.
Those positives aside, Tomain said he has some issues with the bill's language.
For example, the law defines"harassment" as speech or conduct that is unwelcome, severe, pervasive and "subjectively and objectively offensive" and results in a student being denied equal access to educational opportunities or benefits provided by the institution.
"The definition of harassment is most likely in violation of the First Amendment," Tomain said. According to Tomain, the First Amendment protects speech that is unwelcome, severe and pervasive while also noting "offensive" is too subjective to be used in this context.
The legislation also prohibits universities fromrequiringleaders or members of a student organization tocomply with that organization's beliefs orstandard of conduct.
"Once you start to put these kind of limits, these requirements that anybody can join any organization, thatcould be a unconstitutional interference with freedom of association," Tomain said.
Under the First Amendment's freedom of association, an organization canaccept or decline membership based on certain criteria.
"Say, for example, you have a pro-life organizationand you have pro-choice members that start totake it over. They become the president (and) they become members. Well, should we really require the pro-choice or the pro-life organization to include (members that havethe inverse belief)?" Tomain said.
Tomain isn't the only one who has voiced reservations about the law. Speaking with Indiana education-focused publicationChalkbeat,Sheila Kennedy, a professor emeritus of law and public policy at IUPUI's Paul H. ONeill School of Public and Environmental Affairs, said the legislation could encourage additional litigation and complicatethe legal precedent of the First Amendment.
Tomain also took issue with the law's granting of legal proceedings if a student or student organization feels their right to free speech has been violated.
"The remedial provision here has the potential to chill speech if people start to be afraid that they're going to be sued, and not only have to pay for their own lawyers, but also potentially pay for the lawyers of the other side and the court costs," Tomain said.
While the statute explicitly states the university wouldcover the plaintiff's attorney fees if proven to be at fault,the statute does not limit who can be sued, according to Tomain.
While constitutional rights are protected against federal or state infringement, such as police, schools or Congress, Tomain noted it's possible for claims of free speech violationsto be brought against private citizens or groups.
"I'm not certain that this is the best way to protect free speech," Tomain said.
IU's free speech policy is posted onlineatfreespeech.iu.edu. The webpage features a note about campus diversity as well as a separate page answering frequently asked questions. Students can also contact faculty members who are considered experts on the First Amendment.
IU spokesman Chuck Carney said the webpage has been up for several years and was created after IU students began asking similar questions about their rights on campus.
"We wanted to have a central location to point people to in case they had questions," Carney said.
Since 2017, IU has enlisted the Demonstration Response and Safety Team, which includes volunteerfaculty members and student affairs professionals, to attend demonstrations, rallies andprotests held on campus.
At least two team members try to be at any demonstration on campus. The team members are passive observers who are there to answer any questions about a person's rights to free speech. They also ensure there arenodisruptions, such as a heckler's veto, that preventfreedom of expression.
DRST is currently led byKathy Adams Riester, associate vice provost for student affairs and executive associate dean of students, and Katie Paulin, assistant dean for student support and outreach. John Summerlot, the university coordinator of military andveteran services, previously led the team and still acts as a volunteer.
According toSummerlot, the team's formation was inspired by political scientistCharles Murray'scontroversial visit to IU's campus in April 2017. Murray, who identifies as a libertarian, has been accused of promoting racist views.
More: The price of free speech: Murray's visit and accompanying protests cost IU nearly $15,000
"We didn't have anybody versed in freedom of speech on campus,"Summerlot noted.
According to Carney, the new law won't lead to any major changes at IU. The university already has some of the legislation's stipulations in place, such as the published free speech policy. The university also regularly updates its free speech policies and procedures to stay in adherence to best practices and guidelines, he said.
According to Carney, IU was ultimately supportive of the new law.
"We felt like this was something that we certainly were comfortable with, because we knew that we were already implementing many of the things that were put in place," Carney said.
Though the law could conceivably be challenged in court later on, it is currently in place foruniversities in Indiana.
Contact Rachel Smithat rksmith@heraldt.com or @RachelSmithNews on Twitter.
See original here:
New Indiana law is meant to protect free speech at universities. It may do the opposite. - The Herald-Times
- Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment - Reason Magazine - April 25th, 2025 [April 25th, 2025]
- Thankfully, Larry David mocks Bill Maher First Amendment News 467 - FIRE | Foundation for Individual Rights and Expression - April 25th, 2025 [April 25th, 2025]
- No, Gov. Lombardo, nobody was being paid to exercise First Amendment rights - Reno Gazette Journal - April 25th, 2025 [April 25th, 2025]
- Letter from the Editor: The First Amendment shaped my time on the Hill - WKUHerald.com - April 25th, 2025 [April 25th, 2025]
- Analysis: Pro-Hamas speech is protected by the First Amendment - Free Speech Center - April 25th, 2025 [April 25th, 2025]
- Who Will Fight for the First Amendment? Protecting Free Expression at a Critical Time - - Center for Democracy and Technology - April 25th, 2025 [April 25th, 2025]
- What the Doxxing of Student Activists Means For the First Amendment - The Progressive - April 25th, 2025 [April 25th, 2025]
- Does Gov. Landrys bid to restrict attorney advertising violate the First Amendment? - Baton Rouge Business Report - April 25th, 2025 [April 25th, 2025]
- Harvard invokes First Amendment in US lawsuit over academic control - Times of India - April 25th, 2025 [April 25th, 2025]
- Fun with the First Amendment: Why Sarah Palins lawyers are happy, and why Deborah Lipstadt isnt - Media Nation - April 25th, 2025 [April 25th, 2025]
- The First Amendment Is Being Rewritten in Real Time - Rewire News Group - April 25th, 2025 [April 25th, 2025]
- Criminalizing the Assertion of First Amendment Rights - Law.com - April 25th, 2025 [April 25th, 2025]
- Massachusetts First Amendment case: Harmony Montgomerys custody hearing audio to be released - Boston Herald - April 25th, 2025 [April 25th, 2025]
- Harvard, Trump and the First Amendment: Will Others Follow Suit? - Law.com - April 25th, 2025 [April 25th, 2025]
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]
- Mayors Threat to Close Miami Cinema Over No Other Land Screening Condemned by Film Groups as First Amendment Violation - Yahoo - March 18th, 2025 [March 18th, 2025]
- TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights - Reason - March 18th, 2025 [March 18th, 2025]
- Kevin McCabe: Why defending the First Amendment means protecting the Second - Must Read Alaska - March 18th, 2025 [March 18th, 2025]
- Murder the Truth explores the campaign against the First Amendment - The Washington Post - March 18th, 2025 [March 18th, 2025]
- The Trump-Musk Administration Is Running Out of Ways to Ignore the First Amendment - Balls & Strikes - March 18th, 2025 [March 18th, 2025]
- From Gods to Google: DU Law Professor Sounds Alarm Over First Amendment and Technology Regulation - University of Denver Newsroom - March 18th, 2025 [March 18th, 2025]
- Intimidating abridgments and political stunts First Amendment News 461 - Foundation for Individual Rights and Expression - March 18th, 2025 [March 18th, 2025]
- Opinion | The Khalil case is a threat to First Amendment rights - The Washington Post - March 18th, 2025 [March 18th, 2025]
- Fallout from campus protests sparks debate on limits of the First Amendment - Spectrum News - March 18th, 2025 [March 18th, 2025]
- Troy Carico: Stabbing the First Amendment in the back in Alabama | - 1819 News - March 18th, 2025 [March 18th, 2025]
- Donald Trump Is Tearing Up The First Amendment - HuffPost - March 18th, 2025 [March 18th, 2025]
- Sorry Mahmoud Khalil, Aliens Do Not Have the Same First Amendment Rights as American Citizens - Immigration Blog - March 18th, 2025 [March 18th, 2025]
- BREAKING: Bill Nye to headline annual Loyolan First Amendment Week - Los Angeles Loyolan - March 18th, 2025 [March 18th, 2025]
- Spokane and Bonner county sheriff's offices can no longer hide or delete critical Facebook comments after First Amendment concerns, judges rule - The... - March 18th, 2025 [March 18th, 2025]
- Paula Rigano: Last time I checked, the First Amendment still stood - GazetteNET - March 18th, 2025 [March 18th, 2025]
- Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine - The Guardian - March 18th, 2025 [March 18th, 2025]
- Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam - Reason - March 18th, 2025 [March 18th, 2025]
- Free Mahmoud Khalil and protect students exercising their First Amendment rights! - MoveOn's petitions - March 18th, 2025 [March 18th, 2025]
- Guy Ciarrocchi: The lesson from Covid the experts hate our First Amendment - Broad + Liberty - March 18th, 2025 [March 18th, 2025]
- Trump Administration Faces Growing Backlash Over First Amendment Concerns and Threats to Free Speech - Arise News - March 18th, 2025 [March 18th, 2025]
- The Lobby, Mahmoud Khalil & the First Amendment - Consortium News - March 18th, 2025 [March 18th, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action Part 2 - Reason - March 3rd, 2025 [March 3rd, 2025]
- Inside Israel's Plan To Resume the War and 'Eradicate Hamas.' Plus, Trump's Press Pool Takeover Is Not an Assault on the First Amendment. - Washington... - March 3rd, 2025 [March 3rd, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action - Reason - March 3rd, 2025 [March 3rd, 2025]
- OPINION: Attacking the First Amendment and America's free press - Midland Daily News - March 3rd, 2025 [March 3rd, 2025]
- Press pool takeover drowns First Amendment - Freedom of the Press Foundation - March 3rd, 2025 [March 3rd, 2025]
- First Amendment Victory! Wyoming Airport Agrees to Settlement After Rejecting PETA Ad - PETA - March 3rd, 2025 [March 3rd, 2025]
- Our View: Theres nothing murky about the First Amendment - Palestine Herald Press - March 3rd, 2025 [March 3rd, 2025]
- Ohio Universitys complicated history with the First Amendment and student expression - The New Political - March 3rd, 2025 [March 3rd, 2025]
- A free press makes a country free The First Amendment protects the liberty of all - Hawaii Tribune-Herald - March 3rd, 2025 [March 3rd, 2025]
- Whats the First Amendment Got to Do With It? The White Houses Associated Press Ban - Law.com - March 3rd, 2025 [March 3rd, 2025]
- Opinion | The First Amendment Isnt on Trumps Side - The Wall Street Journal - March 3rd, 2025 [March 3rd, 2025]
- Trump Tries To Carve Out a First Amendment Exception for 'Fake News' - Reason - March 3rd, 2025 [March 3rd, 2025]
- MTHS receives its 15th First Amendment Press Freedom Award - MLT News - March 3rd, 2025 [March 3rd, 2025]
- The White House takeover of the press pool is a brazen attack on the First Amendment - MSNBC - March 3rd, 2025 [March 3rd, 2025]
- Donald Trump violated the First Amendment when he barred The Associated Press from the White House - The Observer - March 3rd, 2025 [March 3rd, 2025]
- D.C.'s U.S. Attorney Is a Menace to the First Amendment - Reason - March 3rd, 2025 [March 3rd, 2025]
- Ominous Move to Strip Americans of First Amendment Rights - DCReport - March 3rd, 2025 [March 3rd, 2025]
- Editorial New York Daily News: A free press makes a country free The First Amendment protects the liberty of all - The Daily News Online - March 3rd, 2025 [March 3rd, 2025]
- Narrow Applicability Is Not the Same As Narrow Tailoring: Applying the First Amendment in First Choice Womens Resource Centers v. Platkin - The... - February 27th, 2025 [February 27th, 2025]
- More to Every Story: First Amendment rights and public events - KREM.com - February 27th, 2025 [February 27th, 2025]
- Trumps lawsuit barred by the First Amendment, pollsters team argues - The Washington Post - February 27th, 2025 [February 27th, 2025]
- Judge orders local newspaper to remove editorial; owner says this violates First Amendment rights - WLBT - February 27th, 2025 [February 27th, 2025]
- AP sues Trump officials over Oval Office ban, citing First Amendment - Axios - February 27th, 2025 [February 27th, 2025]
- A free press makes a country free: The First Amendment protects the liberty of all - New York Daily News - February 27th, 2025 [February 27th, 2025]
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]