BLOOMINGTON, Ind. -- In the wake of two Indiana State Police sweeps of pro-Palestinian protestors in Dunn Meadow on Indiana University’s Bloomington campus, President Pamela Whitten issued a statement defending law enforcement action but offering concessions to demonstrators including the partial roll back of recently enacted restrictions on the placing of tents in the traditional free speech zone.
More than fifty demonstrators were arrested, many complaining that their tents, personal items and food stuffs were destroyed, and were charged with misdemeanors before being released from brief custody Thursday and Saturday.
University President and IU Campus Police called in ISP to dismantle the camps and arrest demonstrators following a last minute rule change rolling back more than 50 years of free assemblage and speech articulated on Dunn Meadow.
”As I recall, the dean of students would go out there every day and check on them and just make sure everything was okay and the administration just decided to wait it out,” said IU Maurer Law School Professor Steve Sanders of past protests against the wars in Vietnam and Iraq. “Sooner or later they’ll get tired and cold and hungry and go home and we’ll clean it up and Dunn Meadow survived.”
Citing the potential for “hate speech” and the violence that could conceivably accompany it, university leadership voted last Wednesday to ban tents from overnight camping on the grounds, leading to police sweeps during the next three days.
Saturday’s law enforcement action, accompanied by drone coverage and observation by state troopers perched on building tops in “overwatch positions with sniper capabilities,” according to ISP Superintendent Doug Carter, led to a pair of open letters from faculty to the IU community Sunday.
One letter, accompanied by a petition calling for Whitten’s dismissal signed by approximately 500 people by late Sunday night, claimed faculty members were, “appalled and ashamed by the militarized response to peaceful campus protests.
"This outrageous violation of the safety and well-being of our university community must stop now, before someone is killed,” demanded the letter.
The letter concludes with a call to oust Whitten and Provost Rahul Shrivastav, both of whom were opposed in a recent "no confidence" vote by more than 90% of the faculty who cast ballots.
A second letter, released by the IU Media School, chastised the university for its perceived violations of the protesters’ First Amendment rights to free speech and free assembly.
“The administration has crossed a red line by choosing an authoritarian stance that is antithetical to the mission of an institution of higher learning. In so doing, it has damaged the university’s credibility and moral center.
“How can we instill respect for core principles of democratic life when our own administration fails to live up to them?”
Hours after the release of the faculty open letters, President Whitten provided her own statement to the community in which she defended calling in law enforcement to take back control of Dunn Meadow but relented to critics’ demands of inclusion in the process and leeway for the protestors.
“We are moving quickly to partner with faculty, staff, and students to look for long term solutions,” she wrote. “With their insight, we are in the process of appointing a taskforce of student leaders and representatives of the Bloomington Faculty Council to review our event protocols and make recommendations to guide activities on campus, particularly in Dunn Meadow, moving forward.”
The statement goes on to read, “We have already received, and are in the process of approving, a formal request from a student organization to setup temporary structures in Dunn Meadow. This request will be contingent on a set of mutually agreed parameters. We anticipate the request to be approved, with the possibility of renewal, in 48-hour increments.”
The statement, including concessions, came on the eve of a Monday morning faculty rally supporting the demonstrators outside of Bryant Hall on the IU campus.
”Hate speech, whether we like it or not, is protected by the First Amendment,” said Professor Sanders. “There is no separate category of free speech called hate speech which doesn’t get First Amendment protection. What doesn’t get First Amendment protection is threats that can be carried out imminently, calls to violence to imminent violent action that can take place right there on the spot, inciting a mob of people to attack someone or to attack property. What constitutes hate speech is in the eye of the hearer and the beholder.”
Law enforcement sources did not necessarily indicate that any weapons were seized from the protestors’ encampment though canisters of mace were spotted as well as organizers, believed to be under the tutelage of protest leaders from other campuses, who reportedly stood back and orchestrated the opposition to police while others were arrested.
”If you designate a space like Dunn Meadow as a free speech zone, as a public forum, you’re entitled to make certain rules to govern its use, to keep people safe, and those rules have to apply to everybody,” said Sanders. ”What you’re not allowed to do is treat one group, have different sets of rules for different groups based on their speech, based on their message. That appears to what happened here. Apparently the university anticipated this particular group’s use and this group’s speech, they changed the rules that have governed Dunn Meadow since 1989 and disadvantaged this group and it gave the police the only reason that they had on Thursday to go in there and tear down the tents.”
Law enforcement sources said they were jeered with chants of, “We are Hamas,” and, “Death to all Jewish people,” as they moved in Saturday and ISP Superintendent Carter told FOX59/CBS4 that he spoke to several protesters personally and, “They wanted me dead.”
Multiple reporters from various outlets couldn't confirm the account of those comments. The Indiana Daily Student, which has tracked the protests night and day since they started, said its reporters didn't recall hearing such phrases.
Bloomington Mayor Kerry Thompson also issued a statement Sunday, clarifying her remarks the day before that referred to the potential for outside groups to enter the campus and influence or direct the protests.
“I also spoke of the need to remain peaceful in protesting and ensure de-escalation rather than use of force,” read the statement. “I was not clear in that statement: I was referring to the State police advance on peaceful protestors when I believe all routes to de-escalation had not been met. The purpose of my message yesterday was really intended to stand with the peaceful protestors and be clear that our police department, the Bloomington Police Department, would not be involved in advancing on the protestors. In fact, they advised against any such action. I see that was not clear, and I apologize for that as well.”
You can read all the Sunday statements below.
Sunday's statement from Bloomington Mayor Kerry Thomson:
“Bloomington, I’m coming to you today with an apology. I see now that my statement yesterday was less than clear, and that one statement in particular was harmful. When I ran for office I committed to listening hard, and to admitting when I am wrong.
"In my message about the protests yesterday, I made a statement about the presence of outside groups. We had reports of Proud Boys and other involvement, and I had concern about the possibility of escalation beyond what our students and faculty present on campus were gathered to achieve. This statement, I see now, pointed the finger in the way I had not intended. I am sorry.
"I also spoke of the need to remain peaceful in protesting and ensure de-escalation rather than use of force. I was not clear in that statement: I was referring to the State police advance on peaceful protesters when I believe all routes to de-escalation had not been met. The purpose of my message yesterday was really intended to stand with the peaceful protesters and be clear that our police department—the Bloomington Police Department—would not be involved in advancing on the protesters. In fact, they advised against any such action. I see that was not clear, and I apologize for that as well.
"I met yesterday with a few students who told me they were part of the organizing group for the protest. I value their insights, as I do with all of our residents who take their time to engage. I appreciate responses to my thoughts, even when you disagree, and I’m particularly grateful to hear in this instance when my message had consequences I had not foreseen.
"I hope that in the future, there will be greater communication and collaboration with our team when Indiana University undertakes actions that affect all of Bloomington, not just campus. As I said yesterday, I stand with the protestors’ right to free speech, their right to assemble, and I ask that any future police involvement happens only when all de-escalation paths have been exhausted.”
Mayor Kerry Thomson
Statement from IU President Pamela Whitten and Executive Vice President and Provost Rahul Shrivastav:
"Over the last several days, our campus community has faced considerable challenges and wrestled with complex questions. Put simply, the events of recent days have been difficult, disturbing and emotional.
"Against that backdrop, we write today to provide you with an enhanced understanding of the university’s actions and to outline the beginning of what we believe can be a path forward.
"First, our campus—like so many others—has experienced the escalation of a national movement on numerous college campuses to erect encampments and occupy universities indefinitely. Such un-regulated encampments raise concerns for us as stewards of the campus because they tax limited public safety resources and become magnets for those making threats of violence or who may not have the best interest of Indiana University in mind. Additionally, this movement also coincides with a troubling rise in antisemitism nationally and on college campuses. Specifically, antisemitic episodes have been linked to this national encampment campaign. It was in this unique context that we appointed the ad hoc committee and charged them to modernize our protocols for the presence of overnight structures in Dunn Meadow to address this contemporary issue.
"Second, at the same time, our commitment to free speech is—and must continue to be—unwavering. Everyone has the right to peacefully rally or protest on our campus, and we will do our best to ensure that everyone can exercise these rights in a safe environment. Free speech on our campus will never be impeded. There have been no changes to the opportunities and rights for free expression on campus.
"Third, in our decision to engage the IU Police Department and the Indiana State Police, we aimed to balance each of these concerns: legitimate safety concerns related to un-regulated encampments and our commitment to free speech. After standing down for 24 hours, we sought to give the protestors the opportunity to comply with policy, particularly the 1969 prohibition of tents after 11 p.m. They chose to expand the encampment after 11 p.m. Therefore, on Saturday we again made the decision to enforce university policy and remove tents and other temporary structures. The Indiana State Police provided the additional manpower needed to address heightened levels of potential threats.
"This was not a decision we made lightly. Protestors were encouraged before and during the process of dismantling the tents to step aside to avoid arrest, and most did. They were also encouraged to remain in Dunn Meadow after the dismantling of the encampments to continue their protest, which most did.
"Importantly, we encourage those members of our community detained for trespass to engage in the appeals process by contacting the IUPD. In nearly all cases, trespass ban orders preventing students or faculty from visiting campus will be halted during the appeals process. This will allow these students and faculty to complete the semester.
"Fourth, we recognize that this is not the kind of action that any of us want to see on this campus moving forward. We will always prioritize safety for everyone on our campus. Yet, we are moving quickly to partner with faculty, staff, and students to look for long-term solutions. We are already in dialogue with members of the IUB community and are grateful to many who have offered their insights, counsel, and constructive criticism. Just this afternoon, Provost Shrivastav met with student leaders from Union Board and IU Student Government, as well as the President-Elect of the Bloomington Faculty Council, among others. With their insight, we are in the process of appointing a taskforce of student leaders and representatives of the Bloomington Faculty Council to review our event protocols and make recommendations to guide activities on campus, particularly in Dunn Meadow, moving forward.
"In compliance with the existing policy, we have already received—and are in the process of approving—a formal request from a student organization to setup temporary structures in Dunn Meadow. This request will be contingent on a set of mutually agreed parameters. We anticipate the request to be approved—with the possibility of renewal—in 48-hour increments.
"In closing, we offer our thanks to countless faculty, staff and students who have worked tirelessly to support free speech and ensure the safety of the IUB community. We look forward to and appreciate your continued engagement. It is our belief that conversations this weekend have laid an important foundation for ongoing and productive dialogue on our campus.
"It is our hope that we can come together with our common desire to create solutions that will continue to strengthen the safety of our campus while protecting the rights of free speech."
IU President Pamela Whitten and Executive Vice President and Provost Rahul Shrivastav
Letter from IU faculty members:
As faculty members of Indiana University Bloomington, we are appalled and ashamed by the militarized response to the peaceful campus protests against Israel’s war in Gaza. President Whitten and Provost Shrivastav authorized an unnecessarily aggressive reaction first on Thursday, April 25, and again on Saturday, April 27. Many of us have been direct witnesses as Indiana State Police brutalized and arrested unarmed students and fellow faculty colleagues holding an entirely peaceful rally on Dunn Meadow. Rally participants were expressing their rights to freedom of speech and assembly: two of the most basic principles of US democracy and American higher education.
By action of the Trustees in 1969 and under a policy created by an appointed faculty committee in 1989, Dunn Meadow is a dedicated free speech and assembly area on campus with a long history of peaceful protest, including encampments in 1991 during the Gulf War. The “ad hoc committee” decision on April 24th to revise the Dunn Meadow free speech and assembly policy BL-ACA-I18 was clearly done to disadvantage and discriminate against a group based on their viewpoint, violating well-established First Amendment law.
The student organizers of the protest come to this public space on campus with nothing more than food, provisional tents, music, art, prayer, and chants. The Indiana State Police come with orders from President Whitten and Provost Shrivastav in full riot gear: they bear automatic weapons, carry tear gas and batons, and position snipers with guns aimed directly at students from the rooftop of the Indiana Memorial Union. Faculty have watched as students and colleagues were beaten to the ground, some hogtied as if they were animals, despite their lack of resistance in the face of arrest. We have witnessed heavily armed police officers kick, punch, tackle, body slam, and beat students. We have also seen police explicitly target and arrest some of the more vocal organizers of the protest – many of whom are students of color - even when they were not on the front line of those protecting the encampment. This force was not used because the protesters were violent or provocative; its sole justification was President Whitten’s decision that tents and signs were symbols too dangerous to tolerate.
This outrageous violation of the safety and well-being of our university community must stop now, before someone is killed.
This latest and most egregiously shameful display of President Whitten’s and Provost Shrivastav’s ineptitude and lack of moral compass follows in the wake of the IUB Faculty’s Vote of No Confidence on April 16, 2024. Out of nearly 900 voting faculty members, 93% expressed no confidence in President Whitten and 91% expressed no confidence in Provost Shrivastav.
The President’s and Provost’s decision to authorize unprovoked, violent, armed attacks on the very students and faculty they are supposed to protect proves without question that they have neither the administrative competence nor the basic human decency required to lead this campus and university.
We demand that President Whitten and Provost Shrivastav resign immediately or be terminated.
Letter from IU faculty members
Letter from faculty at The Media School:
The overwhelming majority of the faculty in The Media School, with support from select emeriti and retired faculty, condemn the university administration’s repressive crackdown on protests in Dunn Meadow. Administrative response has grown increasingly militarized and threatening to student safety, with at least one Media School student among those who have been injured by police over the past several days.
IU’s Board of Trustees in 1969 designated Dunn Meadow as a public forum, and since then it has been the site of countless vigorous demonstrations of public expression. Such demonstrations are a hallmark both of a dynamic intellectual environment and our treasured rights as citizens under the First Amendment to the United States Constitution. The recent protests were not the first to involve participants setting up tents and supplies in anticipation of a lengthy demonstration, but sadly, this is the first time in recent memory that the IU administration reacted with such brute force. The administration has crossed a red line by choosing an authoritarian stance that is antithetical to the mission of an institution of higher learning. In so doing, it has damaged the university’s credibility and moral center.
The administration’s decision to call in riot troops to assault and arrest students and faculty who are protesting peacefully has shattered our university’s most cherished values, and authorizing armed police on campus rooftops has endangered us all. In choosing intimidation, the university has violated the rights of academic freedom and freedom of expression. And in summarily banning arrestees from campus for one year, it has ignored fundamental rights of due process.
By justifying these decisions under the guise of a questionable last-minute policy change, the administration has also demonstrated contempt for our core principle of shared governance. Further, given the nature of the policy change, it bears the characteristics of a content-discrimination action, the kind that courts have for many years found unconstitutional. The university not only endangers the campus by over-reacting but also risks financial loss when arrested students and faculty inevitably file lawsuits.
As a faculty expressly charged with teaching our students about these values in the pursuit of journalism and other expressions of public communication, we strongly dissent from these anti-democratic acts. How can we instill respect for core principles of democratic life when our own administration fails to live up to them? We call on the IU administration to halt further police action and surveillance, apologize to those arrested and reinstate their campus access, and restore the previous policy regarding Dunn Meadow demonstrations. We further call on the Bloomington Faculty Council to investigate these violations of faculty governance, academic freedom, freedom of expression and due process, and call for those responsible to be held accountable. It is critical that we expose the root of this shameful chapter in IU’s history.
Letter from faculty at The Media School
Chabad at Indiana University released the following message:
The past four days a hateful group of Hamas sympathizers encamped on Dunn Meadow across the street from Chabad promoting hate and fear. Their actions have been deeply dangerous, including chanting phrases that incite violence against the Jewish community and engaging in violent behavior. Some instances include calling for intifada, spitting at a Jewish student, following Students home from Chabad and trying to break into their home, and trespassing onto Chabad property multiple times.
These abhorrent people are few in number and are always lurking, waiting for an opportunity to show their ugly faces. Amidst the current wave of worldwide antisemitism including on our IU Campus, these haters don't want to miss out [on] a chance to join the hate and to spread their version of antisemitism. We applaud and appreciate the act of the IU Administration, IUPD and State police removing the individuals violating the law and setting order to ensure the safety of our Jewish community and we trust they will continue to do so.
There is nothing new about Jew-hatred being so self contradictory. With groups on opposite ends of the spectrum agreeing on one thing, their dislike for Jews.
What is new since October 7 is how the IU Jewish community has responded to all this hatred. More heads adorned with Kippahs. More Jewish identifying jewelry is being worn out. More Mezuzahs on doors throughout campus. More Jews donning tefillin on the street. More Jewish students are identifying and joining the community. More Jewish students are walking around with pride and courage.
Of course at this time we [are] 24/7 [with] IU security and are in constant communication with the IUPD. We do need to be vigilant of our surroundings.
But we cannot allow hate to win. Our Chabad IU community is not letting hate win and we will not be intimidated. We continue this legacy of our forebearers as we turn to each other for support and confidence holding our Jewishness high and proud. We've been quite literally dancing and celebrating our LOVE FOR BEING JEWISH. There has never been a more important time to not hide our Jewishness.
Jewish History is a tale of courage, perseverance and community.
BE PROUD. AM YISROEL CHAI.
Chabad is always a place for you to feel safe. All of us are here for you 24/7. Please don't hesitate to walk in or contact any of us anytime.
Rabbi Levi & Sheina Cunin/Shabad at IU