A federal judge has ruled that Harvard University must face a lawsuit filed by Jewish students who allege rampant antisemitism on campus. U.S. District Judge Richard Stearns in Boston found plausible accusations that Harvard was deliberately indifferent to Jewish and Israeli students who said they feared for their safety after facing severe and pervasive harassment. Stearns stated he was “dubious” that Harvard could claim some of the pro-Palestinian or anti-Jewish activities were protected by the First Amendment. He added that Harvard’s “virtuous public declarations” had “proved hollow” and that the school had “failed its Jewish students.”
The lawsuit, filed in January, is one of many accusing major universities of allowing and encouraging antisemitism, particularly during on-campus pro-Palestinian protests. Students accused Harvard of selectively enforcing its anti-discrimination policies to avoid protecting Jewish students, ignoring their pleas for help, and hiring professors who advocated anti-Jewish violence and spread antisemitic propaganda. They claimed they were called “murderers” and “colonizers,” subjected to chants like “from the river to the sea,” and targeted with discrimination. They also objected to a Harvard Law Review editor being allowed to resume work as a teaching fellow after assaulting a Jewish student at a pro-Palestinian protest.
In June, Harvard task forces on antisemitism and anti-Muslim bias concluded that the campus was beset by discrimination and harassment. The antisemitism task force recommended anti-harassment training and steps to create a “welcoming environment” for Jewish students. Meanwhile, the anti-Muslim bias task force suggested measures to prevent the “doxxing” of pro-Palestinian students and clarification of bullying and bias policies. In a message accompanying the reports, interim Harvard President Alan Garber urged the school community to “strengthen our ties with a sustained commitment to engaging each other with tact, decency, and compassion.” Harvard removed Garber’s “interim” title on August 2.
Stearns ruled that the Harvard plaintiffs can also pursue two other claims: that Harvard breached a contractual obligation to enforce its non-discrimination policies and that the school treated students unfairly by failing to enforce those policies “evenhandedly.” The lawsuit seeks an injunction to stop Harvard’s alleged violations of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, religion, and national origin by federal funds recipients. Harvard and its lawyers have not yet responded to requests for comment. Marc Kasowitz, a lawyer for the students, said Harvard’s conduct necessitated changes sought in the lawsuit, claiming Jewish students were treated “horrendously.”
This case mirrors similar lawsuits against other universities, including Brown University, New York University, and Columbia University, which have all taken steps to address claims of antisemitism and create safer environments for Jewish students. The lawsuit against Harvard comes at a time of heightened awareness and concern about antisemitism on college campuses, particularly in the context of pro-Palestinian activism. The case will likely set a precedent for how universities handle allegations of discrimination and harassment and how they balance free speech with the need to protect students from hate speech and bigotry. The outcome of the lawsuit will have significant implications for the future of Jewish students on college campuses nationwide.
