(NEW YORK) – Indiana University is weaponizing the “intellectual diversity” provision of Indiana SB 202 (2024) to censor the classroom speech of a tenured faculty member, PEN America said today.  

According to published reports, an anonymous complaint was filed in October through IU’s Bias Incident Response webpage against Ben Robinson, a professor of Germanic studies, after he discussed “being jailed for civil disobedience while protesting at an Israeli Consulate” to explain Hegelian ethics, in an introductory course on German Thought and Culture. The complaint would not normally have triggered an investigation or disciplinary action; however, the IU administration internally also chose to file it as a compliance complaint under SB 202, a controversial law enacted last year. That law requires that professors “foster a culture of free inquiry, free expression, and intellectual diversity” and establishes a complaint and review process that can result in serious consequences, including the revocation of tenure or even termination. PEN America previously discussed the chilling threats posed by Indiana SB 202 in our report, “America’s Censored Classrooms 2024: Refining the Art of Censorship.”

“IU’s actions present an egregious threat to academic freedom that both impinges on Prof. Robinson’s rights and uses him as a chilling example to discourage other faculty from engaging in important classroom conversations” said Amy Reid, Freedom to Learn Interim Program Director at PEN America. “This is what PEN America and other free speech advocates have been concerned about with systems that solicit complaints to investigate, intimidate, and discipline faculty, as is the case with SB 202. ‘Intellectual diversity’ is a laudable goal, and central to education, but it must not be used as a means to censor meaningful debate on our college and university campuses. IU’s administration must reverse this decision and drop this escalated investigatory process.” 

The investigation into Robinson comes as Indiana legislators have continued efforts this year to undermine the autonomy and governance of the state’s public universities. Through a last-minute amendment to the state’s budget last week, Republican legislators weakened tenure protections, relegated faculty senates to an advisory-only role, and granted the Governor-appointed Commission for Higher Education the power to shutter certain academic programs against a university’s or college’s wishes.

“Indiana is unfortunately continuing to make a name for itself in higher education – for all the wrong reasons,” Reid continued. “If state legislators actually want to promote ‘intellectual diversity’ on Indiana campuses, they need to stop passing bills that effectively censor campus speech and limit the educational opportunities available to Indiana students.” 

About PEN America

PEN America stands at the intersection of literature and human rights to protect free expression in the United States and worldwide. We champion the freedom to write, recognizing the power of the word to transform the world. Our mission is to unite writers and their allies to celebrate creative expression and defend the liberties that make it possible. Learn more at pen.org. 


Contact: Malka Margolies, [email protected], 718-530-3582