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Indiana’s SB 202 holds promise, but needs changes to protect academic freedom

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Indiana’s SB 202 holds promise, but needs changes to protect academic freedom


Today, the Indiana House of Representatives Committee on Education voted to advance Senate Bill 202, which already passed the Indiana Senate by a wide margin earlier this month. 

SB 202 provides extensive speech protections for both students and faculty, but it also contains significant flaws that legislators must address to protect academic freedom. 

Among its helpful provisions, it:

  • Prohibits use of political litmus tests in hiring, promotion, tenure, post-tenure review, and admission, using language from FIRE’s Intellectual Freedom Protection Act.
  • Requires student orientation programming on the importance of free inquiry and free expression.
  • Requires institutional and departmental neutrality on political, moral, or ideological issues, similar to the Kalven Report.
  • Allows the state commission for higher education to conduct a survey of students about their perceptions of free speech and academic freedom on campus.
  • Expressly protects faculty members from retaliatory action based on their research or commentary, including criticism of an institution.

Even with these positive aspects, the bill’s harmful provisions require FIRE to oppose this bill unless those provisions are revised. 

For instance, SB 202 prohibits an institution from awarding tenure if a faculty member is:

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(1) unlikely to foster a culture of free inquiry, free expression, and intellectual diversity within the institution; 

(2) unlikely to expose students to scholarly works from a variety of political or ideological frameworks that may exist within and are applicable to the faculty member’s academic discipline; or 

(3) likely, while performing teaching or mentoring duties within the scope of the faculty member’s employment, to subject students to political or ideological views and opinions that are unrelated to the faculty member’s academic discipline or assigned course of instruction.

While intellectual diversity within institutions is desirable, this bill goes too far into regulating academic instruction and contains vague standards for faculty evaluation that administrators or departments could too easily abuse. 

For instance, what does it mean for a faculty member to be “unlikely to foster a culture of free inquiry?” If Hoosier legislators believe institutions and academic departments lack intellectual diversity, empowering institutions to use ideological assessments of faculty in promotion or tenure decisions could be used to target minority or dissenting voices. 

Despite the laudable intention of this section to improve intellectual diversity on Indiana’s public campuses, SB 202 as drafted creates confusion and intrudes too far into the academic freedom rights of faculty.

And faculty applying subsection (2) could use it to force every course into a “survey” approach by prohibiting academics from teaching courses about specific ideologies. 

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Must a professor teaching the Austrian school of economics also teach communist alternatives? Must an American history professor who criticizes the 1619 Project in class also assign readings favorable to the 1619 Project?

Subsection (3) poses vague and overbroad language similar to subsection (1). What if a biology professor penned an op-ed in the student newspaper criticizing a presidential candidate during election season? Under this provision, would that professor face sanctions for subjecting “students to political or ideological views and opinions that are unrelated to the faculty member’s academic discipline?”

Academic freedom also largely protects faculty members’ ability to opine on current events during class, so long as the content is germane to the course or doesn’t occupy a substantial amount of class time. 

The bill also requires institutions to establish a procedure for students to report faculty who seem insufficiently committed to intellectual diversity. While student feedback on faculty performance is important, establishing a forum by which students can report faculty for their academic speech is ripe for abuse. This provision will chill robust classroom instruction and discussion to the detriment of the learning environment on campus. 

Despite the laudable intention of this section to improve intellectual diversity on Indiana’s public campuses, SB 202 as drafted creates confusion and intrudes too far into the academic freedom rights of faculty.

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The legislature must remove or revise these provisions in order to earn FIRE’s support for this bill.



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Hundreds gather at Indiana State Capitol for ‘No Kings’ protest

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Hundreds gather at Indiana State Capitol for ‘No Kings’ protest


INDIANAPOLIS — Hundreds of Hoosiers gathered at the Indiana Statehouse Saturday morning as part of nationwide ‘No Kings’ events to voice their concerns about the current administration.

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Hundreds gather at Indiana State Capitol for ‘No Kings’ protest

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“I’m out here today because what’s happening in our government is completely trash,” Donna Sipes told WRTV. “It’s wrong. We need to do something about it.”

“I’m tired of every single day when the TV comes on to see what stupid thing he’s done next,” Lindi Marti said.

WRTV

Attendees noted the growing popularity of the demonstrations.

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“This is my fourth one to come to. I didn’t come to all of them when it was really cold, but I’m glad to see that they are getting a lot more people out here every time,” Marti added. “It seems like there’s more and more coming.”

Demonstrators highlighted specific foreign policy concerns, including the administration’s handling of the war in Iran.

“We’re bombing the heck out of them. We’re killing civilians,” Marti’s husband said. “We’re getting ready to send our Marines.”

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WRTV

Others focused on the administration’s handling of immigration.

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“That’s what I’m concerned about,” Reverend Kenny Little told WRTV. “Little kids, they’re taking them away from their family. And I’m just one of those people, I think everyone got rights.”

Indiana medical students also attended the rally to speak out against changes to the healthcare system.

“We’re really worried about the attacks on the health care system in general, but with Medicaid… current estimates range from anywhere from 325,000 to 450,000 Hoosiers will lose coverage by 2032,” Wade Catt said with concern.

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WRTV

With midterm elections approaching later this year, attendees emphasized the importance of now taking action at the ballot box.

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“If we don’t vote, then things are gonna not, they’re gonna stay the same,” a protester said.

Meanwhile, Indiana Lieutenant Governor Micah Beckwith says he’s happy to see Hoosiers exercise their First Amendment right to protest.

However, he takes issue with the idea that President Trump is acting like a king. Beckwith says the fact that people have the freedom to protest is proof that the president is not acting like a tyrant.

He acknowledges that bridging the gap between the sides is probably an uphill battle, but believes communication is key.

“I think when you sit down with people face to face, you’re confronted with humanity. There’s another human sitting across that table from you and talking to you. And so, all I have to say, I think that’s probably the thing I would encourage all Hoosiers to do is say, ‘Hey, if you don’t agree with somebody or if you don’t like somebody, why don’t you try grabbing coffee with them? And give it 30 minutes, and just see what happens.’ I bet most of the time people will walk away with a much softer heart and spirit towards that person before they came in,” Beckwith said.

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Beckwith is currently on a 92-county tour of the state. He says all sides are welcome to attend his events.

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Young male dead after shooting on Indy’s northeast side

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Young male dead after shooting on Indy’s northeast side


INDIANAPOLIS (WISH) — Police say one “young man” is dead after a shooting at the 1200 block of Rue Rabelais at about 7:19 p.m. according to the Indianapolis Metropolitan Police Department.

That is near the intersection of 56th Street and Binford Boulevard.

Police say the victim was taken to Riley Hospital where he later died. Investigators say they are still working to identify the victim.

There was no known information about a suspect. Police did say that they believe this is a targeted incident.

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There was no other information immediately available.

This story has been updated with information from the Indianapolis Metropolitan Police Department.



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Mother and boyfriend accused in death of 4-year-old boy found in closet

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Mother and boyfriend accused in death of 4-year-old boy found in closet


This story contains descriptions of distressing circumstances involving children.

INDIANAPOLIS (WISH) – A mother and her boyfriend were accused of causing the death of a 4-year-old-boy found dead in a basement closet on Monday. 

Indianapolis Metropolitan Police Department arrested Angel Lovely, 37, and Nicholas Bergdoll, 36, on preliminary charges of neglect of a dependent causing death. The Marion County Prosecutor’s Office by Friday had not filed formal charges. 

A sibling found the 4-year-old dead on Monday, according to investigators. Lovely and Bergdoll were in the home at the time but told police they were asleep when he died. 

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Born premature with cerebral palsy, the 4-year old couldn’t walk, was nonverbal, and ate through a feeding tube. Lovely claimed she would rarely put the child in the closet, only “when he won’t stop screaming” or when she “needed a break.” 

But when investigators interviewed Lovely’s three other children, they said that the boy “stays in the closet all day,” and that “mom locks him in the closet” and “does not pay attention to him.” 

An exact cause of death hasn’t been determined, but the child was found with blood in his mouth. Lovely said he’d been aspirating.

One of Lovely’s children told investigators they heard the 4-year-old gagging but didn’t say anything because it wasn’t unusual.

A neighbor living on Monticello Drive, Michelle Johnson, told News 8, “It’s horrible. It breaks my heart.”  

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Johnson had seen the other children outside the home but never knew there was a boy in a wheelchair living there. She said if she suspected they were being neglected, she would have called police or the Indiana Department of Child Services.

“We’re supposed to be a village and raise kids together,” Johnson said. “That’s really heartbreaking.” 

Bergdoll told police, according to the investigators’ report, that he didn’t agree with putting the child in the closet: “I am not going to tell her how to f****** raise her kids.” 

“I’m sickened,” IMPD Public Information Officer Tommy Thompson told News 8 in an interview.
“Think about putting yourself in that situation. Every day, do you want to be in a closet? Locked up, no light?”

Court records show the Department of Child Services had removed the boy from Lovely’s care because of medical neglect, but she regained custody last year against DCS recommendations.  

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Thompson, the neighbor, hopes the tragedy can be an opportunity for others to speak up when they see a child who can’t speak up for themselves. “Maybe you’ve got to make that tough phone call. Reach out. The city has resources.”

Johnson wishes she would have known what was happening so she could have said something. “Children don’t have a voice and we’re supposed to be their voice.”

Help is available for victims of domestic violence, child abuse, and sexual assault. Below is a list of suggested resources, both national and local:



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