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Federal judge rules that Harvard must face trial for "failing its Jewish students"

The court doubts that the university "can hide behind the First Amendment to justify avoidance of its Title VI obligations," the magistrate said.

Harvard

Harvard University Headquarters.Flickr

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A federal judge in Boston ruled that Harvard must face an anti-Semitism lawsuit brought by students who allege the university failed to protect them after the Oct. 7 Hamas attack on Israel.

Judge Richard Stearns decided that the students presented a plausible complaint about the university's indifference to their campus safety concerns.

Allegations of indifference and inaction.

In his ruling, Judge Stearns did not decide whether the claims are valid, but allowed the lawsuit to go forward. The judge said the anti-Semitic protests on campus were "confrontational and physically violent" and that students fear something similar could happen again. It also expressed doubt about Harvard's justification for allowing the protests to protect free speech, finding that the university's response was "indecisive" and "contradictory".

"The court consequently is dubious that Harvard can hide behind the First Amendment to justify avoidance of its Title VI obligations (...) the facts as pled show that Harvard failed its Jewish students," the judge said.

Harvard's Reactions

The university responded to the allegations by saying it has taken and will continue to take concrete steps to address anti-Semitism and protect its Jewish and Israeli students.

"Harvard is confident that once the facts in this case are made clear, it will be evident that Harvard has acted fairly and with deep concern for supporting our Jewish and Israeli students," said Jason Newton, a university spokesman.

Investigations into discrimination at universities

The U.S. Department of Education is investigating allegations of discrimination at several educational institutions for both anti-Semitism and Islamophobia. Since Oct. 7, federal officials have reported an increase in threats and hate speech directed at the Jewish, Muslim and Arab communities.

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