McDonald v. Trustees of Indiana University

Summary

In September 2024, tenured faculty members at Indiana University and Purdue University, represented by the ACLU of Indiana, filed a lawsuit challenging Indiana’s Senate Enrolled Act 202 (SEA 202), commonly called the “intellectual diversity” law. The law required professors to “foster a culture of free inquiry, free expression, and intellectual diversity” and to “expose students to scholarly works from a variety of political or ideological frameworks.” SEA 202 directed universities to adopt policies implementing these requirements and authorized disciplinary actions—including denial or revocation of tenure, demotion, or termination—for noncompliance. The plaintiffs argued that the law violated their First and Fourteenth Amendment rights by compelling speech and imposing vague and subjective standards that could chill academic expression.

The case, McDonald v. Trustees of Indiana University, was filed in the U.S. District Court for the Southern District of Indiana and later consolidated with a similar case against Purdue University. Plaintiffs included Professor David McDonald, an associate professor in the Department of Folklore and Ethnomusicology at IU Bloomington, and Professor James Scheurich, a Chancellor’s Professor in the School of Education at IU Indianapolis. The complaint detailed how SEA 202 required faculty to incorporate perspectives from multiple political or ideological viewpoints in courses, complete reporting or other compliance documentation, and participate in university activities promoting “intellectual diversity.” The plaintiffs contended that these requirements created uncertainty and risked disciplinary consequences, interfering with their academic judgment and professional responsibilities.

In July 2025, the district court dismissed the lawsuit on procedural grounds, finding that the plaintiffs had not demonstrated that the law had caused them concrete harm. The court did not address the constitutional claims regarding compelled speech, academic freedom, or due process. In August 2025, the ACLU of Indiana filed an appeal with the U.S. Seventh Circuit Court of Appeals, arguing that the dismissal was improper and requesting review of the law’s constitutional implications.