Civil Rights Nonprofit Slams Pro-Hamas Briefs Defending Harvard Lawsuit Against Trump

A new amicus brief filed in the lawsuit that Harvard University brought in April to stop the Trump administration’s confiscation of some $3 billion of its federal research grants and contracts offered a blistering response to previous briefs which maligned the institution’s decision to incorporate the world’s leading definition of antisemitism into its non-discrimination policies.

As previously reported by The Algemeiner, legal briefs weighing in on Presidents and Fellows of Harvard College v. United States Department of Health and Human Services, et al. have been pouring in from across the country, with dozens of experts, think tanks, and student groups seeking to sway the court in what has become a historic confrontation between elite higher education and the federal government — as well as a showdown between Middle American populists and coastal elites.

Harvard’s case has rallied a team of defenders, including some who are responsible for drawing scrutiny of alleged antisemitism and far-left extremism on campus.

Earlier this month, the Palestine Solidarity Committee (PSC) — which blamed Israel for Hamas’s Oct. 7, 2023, massacre across southern Israel mere hours after images and videos of the terrorist organization’s brutality spread online — filed a brief which compared Zionists to segregationists who defended white supremacy during Jim Crow, while arguing that Harvard’s adoption of the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism — used by hundreds of governing institutions and widely accepted across the political spectrum — is an instrument of conspiracy and racist oppression.

“Adopting the IHRA definition, granting special status to Zionism, and penalizing pro-Palestinian student groups risks violating the Title VI rights of Palestinians on campus,” the filing said. “There is ample evidence that adoption of IHRA and other policies which limit speech supporting Palestinian rights are motivated by an intent to selectively silence Palestinians and students who advocate on behalf of Palestinians. Such action cannot be required by, and indeed appear to violate, Title VI [of the Civil Rights Act].”

The document added, “Though the main text of the definition is relatively benign, the illustrative examples — seven of the eleven which pertain to criticism of Israel — make clear that they are aimed at preventing Palestinians from speaking about their oppression.”

Similar arguments were put forth in other briefs submitted by groups which have cheered Hamas and spread blood libels about Israel’s conduct in Gaza, including the Middle East Studies Association of North America (MESA), Jewish Voice for Peace (JVP), and other anti-Zionist groups.

“Harvard’s incorporation of IHRA was an overdue and necessary response to the virulent and unchecked antisemitic discrimination and harassment on its campus,” the Brandeis Center said in its response to the arguments, noting that Harvard itself has determined that embracing the definition is consistent with its obligations under Title VI, which have been reiterated and stressed by the US Office for Civil Rights (OCR) guidance and two executive orders issued by President Donald Trump.

“Misunderstandings about what antisemitism means — and the form it takes — have long plagued efforts to address antisemitic conduct. Modern versions of antisemitism draw not only on ancient tropes, but also coded attacks on Zionism and the Jewish state, which often stand in for the Jewish people in modern antisemitic parlance,” the organization continued. “Sadly, this is nothing new: Soviet propagandists for decades used the term ‘Zionist’ or ‘Zio’ in this coded way. This practice has become commonplace among antisemites in academia who seek to avoid being labeled as racists.”

The Brandeis Center also argued that IHRA does not “punish or chill speech” but “provides greater transparency and clarity as to the meaning of antisemitism while honoring the university’s rules protecting free speech and expression.” The group stopped short of urging a decision either for or against Harvard, imploring the court to “disregard” the briefs submitted by PSC, JVP, and MESA.

As previously reported by The Algemeiner, Harvard sued the Trump administration, arguing that it bypassed key procedural steps it must, by law, take before sequestering federal funds. It also said that the Trump administration does not aim, as it has publicly pledged, to combat campus antisemitism at Harvard but to impose “viewpoint-based conditions on Harvard’s funding.”

The Trump administration has proposed that Harvard reform in ways that conservatives have long argued will make higher education more meritocratic and less welcoming to anti-Zionists and far-left extremists. Its “demands,” contained in a letter the administration sent to interim Harvard president Alan Garber — who subsequently released it to the public — called for “viewpoint diversity in hiring and admissions,” the “discontinuation of [diversity, equity, and inclusion, or DEI, initiatives],” and “reducing forms of governance bloat.” They also implored Harvard to begin “reforming programs with egregious records of antisemitism” and to recalibrate its approach to “student discipline.”

On Monday, the attorneys general of Iowa, Kansas, Georgia, Florida, and 12 other states said the Trump administration took appropriate action to quell what they described as Harvard University’s flagrant violation of civil rights laws concerning its handling of the campus antisemitism crisis as well as its past history of violating the Constitution’s equal protection clause by practicing racial preferences in admissions.

“Harvard both admits that it has a problem with antisemitism and acknowledges that problem as the reason it needs a multi-agency Task Force to Combat Antisemitism. Yet when the federal government acted to rectify that acknowledged violation of federal law through a negotiated practice, Harvard cried retaliation,” the attorneys general said in their own brief. “Its characterization of its refusal to follow federal nondiscrimination law as First Amendment speech is sheer chutzpah.”

They continued, “There is strong evidence of Harvard’s discriminatory animus, and the First Amendment does not shield it from consequences. This court should deny summary judgement and allow the federal government to proceed with enforcing the law. Perhaps if Harvard faces consequences for violating federal antidiscrimination law, it will finally stop violating federal antidiscrimination law.”

Trump addressed a potential “deal” to settle the matter with Harvard last Friday, writing on his Truth Social platform, saying a “deal will be announced over the next week or so” while praising the university’s legal counsel for having “acted extremely appropriately during these negotiations, and appear to be committed to doing what is right.” He added, “If a settlement is made on the basis that is currently being discussed, it will be ‘mindbogglingly’ HISTORIC, and very good for our Country.”

To date, Harvard has held its own against the federal government, building a war chest with a massive bond sale and notching a recent legal victory in the form of an injunction granted by a federal job which halted the administration’s restrictions on its international students — a policy that is being contested in a separate lawsuit. Garber has reportedly confirmed that the administration and Trump are discussing an agreement that would be palatable to all parties.

According to a report published by The Harvard Crimson on Thursday, Garber held a phone call with major donors in which he “confirmed in response to a question from [Harvard Corporation Fellow David M. Rubenstein] that talks had resumed” but “declined to share specifics of how Harvard expected to settle with the White House.”

The Crimson added, “He also did not discuss how close a deal could be and said instead that Harvard had focused on laying on steps it was already taking to address issues that are common ground for the University and the Trump administration. Areas of shared concern that have been discussed with the White House included ‘viewpoint diversity’ and antisemitism.”

Follow Dion J. Pierre @DionJPierre.

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