U.S. District Court dismisses ACLU lawsuit against controversial higher education bill

INDIANAPOLIS — A U.S. District Court judge approved the Hoosier state’s motion to dismiss a lawsuit filed by the American Civil Liberties Union of Indiana to block portions of Senate Enrolled Act 202, a higher education and tenure-related bill.

ACLU of Indiana said the suit, which was originally filed in May, sought to “protect the First and Fourteenth Amendment rights” of faculty at several Indiana universities. That lawsuit has now been dismissed. SEA 202 was signed into law by Gov. Eric Holcomb in March.

According to previous reports , SEA 202 was implemented to impose new restrictions on public colleges and universities when granting tenure and promotions to professors.

Proponents of the bill say faculty members would be discouraged from exposing students to political or ideological views and opinions that are not directly related to their academic sphere. Under the bill, instructors could be flagged if they are found to have violated this condition.

Those against the bill have expressed their concerns that it could harm future efforts to attract more diverse faculty and students to public colleges and education institutions in Indiana.

Under SEA 202, staffers could also be denied tenures or promotions “if certain conditions related to free inquiry, free expression and intellectual diversity are not met.”

Any faculty who are already tenured would also be subjected to reviews every five years, according to the bill.

Previous reports indicate the lawsuit filed against SEA 202 claimed that public institutions would be required to introduce policies that would mete out disciplinary action against faculty who are perceived to be failing to comply with requirements outlined in the bill.

The ACLU of Indiana asserted that faculty members who are found to violate these new guidelines could face consequences ranging from termination to reduced pay or status.

The lawsuit also looked to challenge the language applied in SEA 202, taking issue with terms such as “free inquiry” and “free expression” that are not given clear definitions in the original language of the bill.

Indiana Senators Spencer Deery (R-District 23), Tyler Johnson (R-District 14) and Jeff Raatz (R-District 27) authored the bill. The bill was passed largely along party lines in a 67-30 vote during the 2024 legislative session in the House of Representatives before it headed to the governor’s desk.

Purdue Fort Wayne Professor of Communication Steven Carr and Associate Professor of History David Schuster were identified as plaintiffs in the lawsuit.

The ACLU of Indiana said it is currently exploring alternative options as it continues its fight to “protect academic freedom at our state’s public colleges and universities.”

The full statement from the ACLU of Indiana can be viewed below:

“ Today, a U.S. District Court Judge granted the state’s motion to dismiss an ACLU of Indiana lawsuit challenging Senate Enrolled Act 202. The suit was filed to protect the First and Fourteenth Amendment rights of faculty at Indiana public colleges and universities. Plaintiffs in the suit, filed earlier this year, teach at Purdue University Fort Wayne, Indiana University Indianapolis, and Indiana University Bloomington. The ACLU of Indiana is disappointed and is currently considering options for next steps to protect academic freedom at our state’s public colleges and universities .”

The Indiana Attorney General’s Office also weighed in on the decision, saying it was “proud to defend this new law.”

“As the court recognized in ruling for our office, the four professors lacked standing to even bring this action,” said the Office of Attorney General Todd Rokita. “We were proud to defend this new law, which enables students to engage in free inquiry and ensures state universities foster diversity of thought.”

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