Federal Judge Dismisses Professors’ Lawsuit Challenging Indiana’s “Intellectual Diversity” Law

Written from court documents, and after an inquiry to the Indiana ACLU:

INDIANAPOLIS — A federal judge has dismissed a lawsuit brought by four tenured professors from Indiana University and Purdue University challenging Indiana’s controversial Senate Enrolled Act 202, a law requiring universities to evaluate faculty on their promotion of “free inquiry,” “free expression,” and “intellectual diversity.”

In a ruling issued July 23, U.S. District Judge Richard L. Young granted motions to dismiss filed by the state and university trustees, finding that the professors lacked standing and that their case was not ripe for judicial review. The plaintiffs had also sought a preliminary injunction to block the law, which the court denied.

“We are disappointed in the decision,” the ACLU of Indiana said in a statement regarding the ruling. “We’re reviewing the order and considering our options.”

Senate Enrolled Act 202, which took effect July 1, 2024, requires Indiana’s public universities to adopt policies ensuring faculty do not receive tenure or promotions if they are deemed unlikely to promote intellectual diversity or expose students to a range of political viewpoints. It also mandates reviews of tenured faculty every five years and allows students and employees to file complaints about perceived ideological bias.

The plaintiffs—Professors Steven A. Carr, David G. Schuster, James Scheurich, and David McDonald—argued the law violates their First and Fourteenth Amendment rights, infringes on academic freedom, and is unconstitutionally vague. They cited fears of enforcement and self-censorship in their classrooms.

Judge Young, however, ruled that these concerns were speculative, emphasizing that the law regulates boards of trustees—not faculty directly—and that universities had only adopted interim measures at the time the lawsuit was filed.

“Plaintiffs’ acts of self-censorship, without more, do not satisfy Article III,” Young wrote, adding that “no action or threatened action has been taken against Plaintiffs.”

The court noted that implementation of SEA 202 policies remains ongoing and inconsistent across campuses. Indiana University and Purdue had yet to adopt final enforcement procedures, and there were no concrete threats of discipline related to the law cited in the case.

The case marks the second time federal courts have dismissed the professors’ legal challenge, following an earlier suit dismissed in August 2024 on similar grounds.

The professors, represented by the ACLU of Indiana, have not said whether they will appeal.

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