ACLU sues to block law that might limit college professors' free speech rights
The American Civil Liberties Union of Indiana filed a lawsuit Tuesday on behalf of two Purdue University Fort Wayne professors to block a new state law that opponents say will stifle free speech on public college campuses and put faculty at risk of unfair discipline.
SB 202, which was passed by the state legislature earlier this year, will require state universities to review tenured professors every five years and would limit public universities’ ability to speak out on “political, moral, or ideological issues.”
The ACLU filed the lawsuit against Purdue University on behalf of two Purdue University Fort Wayne professors, Steven Carr, a professor of communications and the director of the Institute for Holocaust and Genocide Studies, and David Schuster, an associate history professor.
The law is set to go into effect July 1.
The complaint claims that the new law violates the professors' First and Fourteenth Amendment rights by limiting their free speech and puts them at risk of penalties such as not being promoted, having their tenure revoked or facing termination.
More on SB 202: What to know about SB 202, which could impact tenure, free speech at public universities
The complaint says that the law’s language about fostering “a culture of free inquiry, free expression, and intellectual diversity” and exposing students “to scholarly works from a variety of political or ideological frameworks” is too vague and puts professors at risk.
“SEA 202 puts Indiana’s professors in an untenable position,” said ACLU of Indiana staff attorney Stevie Pactor in a statement. “Through vague language and the threat of harsh sanctions, including termination, the law strips professors of the academic freedom that the Supreme Court has long recognized they have the right to exercise.”
The original author of the law, Sen. Spencer Deery, R-Lafayette, said in a statement that the bill was "carefully crafted to protect academic freedom, promote free speech and strengthen the quality of education Hoosiers receive."
"It was designed to withstand desperate measures from those who do not want to see changes in the culture and practices of higher education or who insist their narrow worldview is the only one that counts," Deery said.
The ACLU also claims that the new law could mean that professors must “give debunked theories equal time in their classrooms alongside rigorously studied academic analysis.”
For instance, the complaint says, Schuster, who teaches classes on United States history, worries the law requires him to teach “divergent” scholarly perspectives regarding slavery, including that it ultimately benefitted African American people.
Carr, who teaches about the Holocaust, fears the new law will require him to devote classroom time to perspectives that deny the Holocaust even occurred.
When SB 202 was up for debate earlier this year, it saw near-universal condemnation from faculty organizations at the state’s public universities, including Purdue University’s faculty-led Senate.
Proponents of the bill argued that the bill is necessary to combat “excessive politicization” within classrooms.
The new law also requires universities to develop a procedure for students to file complaints against faculty or curriculum and forbids all state universities and colleges to admit students, hire, promote, or renew faculty who include statements on diversity, equity, and inclusion in their materials.
Herald-Times reporter Brian Rosenzweig contributed to this reporting.
Contact IndyStar reporter Caroline Beck at 317-618-5807 or CBeck@gannett.com. Follow her on Twitter: @CarolineB_Indy.
Caroline’s reporting is made possible by Report for America and the John S. and James L. Knight Foundation.
Report for America is a program of The GroundTruth Project, a nonpartisan, nonprofit organization dedicated to strengthening local newsrooms. Report for America provides funding for up to half of the reporter’s salary during their time with us, and IndyStar is fundraising the remainder. To learn more about how you can support IndyStar’s partnership with Report for America and to make a donation, visit indystar.com/RFA.
This article originally appeared on Indianapolis Star: ACLU moves to block SB 202, free speech on public colleges and tenure
