The First Amendment and Practical Implications of SEA 202

In the Indiana Lawyer article, “The First Amendment and Practical Implications of SEA 202” government and regulatory attorneys Brad Boswell and Scott Chinn and litigation associate Elizabeth Charles offered an overview of the potential impacts of Senate Enrolled Act 202 (SEA 202) on higher education in Indiana. 

The authors write that SEA 202 was described as a bill to “increase intellectual diversity” by its proponents, although many college students and faculty opposed it, fearing it would create a chilling effect for free expression on campuses. The law impacts public university diversity committees, diversity programming, free speech violation complaint processes and tenure policies among many other provisions. Notably, they write, a lawsuit was quickly filed challenging the law shortly after it took effect, alleging infringement upon the First Amendment rights of four professors at public universities. The lawsuit was dismissed, with the court finding the issues to not yet be ripe for adjudication. 

“Among its list of concerns, the American Association of University Professors also asserted that the bill would lead to intellectual brain drain from the state, arguing that any erosion to academic freedom would undermine the reputation of our public colleges and universities’ ability to recruit and retain talent,” the authors write. 

Noting that SEA 202 is the first of its kind in the country to become law, the authors write that they expect Indiana could soon “find itself at the center of initially establishing new precedents in academic freedom jurisprudence in the years ahead.”

The full article is available to Indiana Lawyer subscribers.