Federal Judge Dismisses Antisemitism Lawsuit Against Harvard University
by Dion J. Pierre

Illustrative 373rd Commencement Exercises at Harvard University in Cambridge, Massachusetts on May 23, 2024. Photo: Brian Snyder via Reuters Connect
Harvard University has secured a major legal victory against one of the many lawsuits it has faced over its alleged mismanagement of campus antisemitism after the Oct. 7 massacre.
On Wednesday, a judge dismissed a suit in which ten Harvard alumni alleged that the university had cheapened their degrees during the 2023-2024 academic year by giving anti-Zionist protesters free rein to promote antisemitism, terrorism, and the destruction of Israel.
Filed in a Massachusetts federal court in Feb. 2024, the complaint claimed that Harvard has breached an informal but binding agreement to preserve the institution’s prestige in perpetuity and thereby protect alumni’s investment in a Harvard degree. That compact was violated, the former students alleged, by Harvard’s failing to correct a noxious campus environment and a negative perception of the university which has caused potential employers and prestigious law firms to reject job applicants who carry any affiliation with it.
District Court Judge George O’Toole Jr. — appointed to bench by former president Bill Clinton in 1995 — disagreed with their argument, however, ruling that they presented no evidence which proves that the university’s policies injured them personally.
“The plaintiffs do not currently attend Harvard, nor are they employed by Harvard,” wrote the O’Toole, who is an alumnus of Harvard Law School (HLS). “They graduated from Harvard many years before the central events referred to in the complaint. They are not themselves directly affected by Harvard’s recent administrative actions and/or omissions, and consequently they have no cognizable legal injury that could be redressed through this suit.”
Judge O’Toole Jr. was recently involved in another high profile legal fight. Earlier this month, he temporarily blocked the Trump administration’s plan to restructure federal government by shrinking its workforce, a decision he walked back six days later when he ruled that the parties who challenged the initiative lacked standing. The highly regarded jurist’s career has seen him render rulings on a range of matters, from the criminal investigation of the Boston Marathon Bombing to a defamation suit filed against Barbara Walters by an alleged former associate — a claim he dismissed.
Following the decision, Harvard University said it is “committed to ensuring our Jewish community is embraced, respected, and can thrive at Harvard, and to our efforts to confront antisemitism and all forms of hate.”
Harvard recently settled two antisemitism lawsuits, which were merged by a federal judge in November 2024, in Jan. The agreement, coming one day after the inauguration of President Donald Trump — who vowed to tax the endowments of universities where antisemitism is rampant — prevented a prolonged legal fight that would have been interpreted by the Jewish community as a willful refusal to acknowledge the discrimination to which Jewish students are subjected.
According to details of the settlement disclosed by the university, Harvard will add the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism to its non-discrimination and anti-bullying policies (NDAB), recognize the centrality of Zionism to Jewish identity, and explicitly state that targeting and individual on the basis of their Zionism constitutes a violation of school rules.
Harvard’s legal counsel has more litigation in its future, however, as a case brought by Harvard graduate student Shabbos Kestenbaum, who has made similar claims as the groups which agreed to settle their cases, is still pending. Kestenbaum was a member of one of those groups, Students Against Antisemitism (SAA), but declined to be a party to the settlement due to this belief that a public trial will fully reveal the extent of Harvard’s alleged transgressions.
Follow Dion J. Pierre @DionJPierre.
Reporter Debbie Weiss contributed to this story.
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