Pro-Hamas activists on the grounds of Northwestern University in Evanston, Illinois, United States, on April 25, 2024. Photo: Kyle Mazza/NurPhoto via Reuters Connect

A US federal judge on Monday rejected an anti-Israel group’s motion to pause an antisemitism prevention course being held at Northwestern University to prevent further harassment of and discrimination against Jewish students, citing the plaintiff’s failing to provide sufficient evidence that it is harming anyone.

“Because the plaintiffs have failed to meet their burden in this threshold inquiry, we do not move on to conduct a balancing of harms,” Judge Georgia Alexis, an alumnus of Northwestern University Pritzker School of Law, said in court. “For that reason, I have to deny the motion.”

As previously reported by The Algemeiner, the Council on American-Islamic Relations (CAIR) — an organization that has been scrutinized by US authorities over alleged ties to the Palestinian terrorist group Hamas — sued Northwestern University, arguing that the course in question violates Title VI of the Civil Rights Act of 1964 and that it serves as a “pretense” for censoring “expressions of Palestinian identity, culture, and advocacy for self-determination.”

Filed on behalf of the Northwestern Graduate Workers for Palestine (GW4P) group, the suit arrived in federal dockets with a request for a temporary restraining order to halt the course, which the university mandated as a prerequisite for fall registration, and the rescission of disciplinary measures imposed on nine students who refused to complete it.

The suit primarily takes aim at Northwestern’s adoption of the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism and its application to the training course, which, at its conclusion, calls on students to pledge not to be antisemitic.

Used by governments and other entities across the world, the IHRA definition describes antisemitism as a “certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.” It provides 11 specific, contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere.

Beyond classic antisemitic behavior associated with the likes of the medieval period and Nazi Germany, the examples include denial of the Holocaust and newer forms of antisemitism targeting Israel such as demonizing the Jewish state, denying its right to exist, and holding it to standards not expected of any other democratic state.

CAIR argues that the definition is anti-Arab and anti-Palestinian, discriminating against both cultures while being hostile to CAIR’s vision of Palestinian self-determination.

“Northwestern requires students to complete a training course elaborating on that definition and requires them to attest that they to abide by conduct policies that incorporate that discriminatory definition,” CAIR’s complaint says. “The training course and attestations discriminate against Arab students whose racial and national origin identities are fundamentally incompatible with this definition.”

Several lawsuits have challenged universities’ quelling of riotous anti-Zionist activity on other grounds, such as Students for Justice in Palestine’s (SJP) unsuccessful lawsuit against Columbia University last year, but none have argued that allowing antisemitism to thrive is inclusive of Muslim, Arab, and Palestinian identities and that fighting it is discriminatory.

This is the latest CAIR activity in a long line of initiatives that have prompted a storm of controversy, as previously reported by The Algemeiner. In September, US Sen. Tom Cotton (R-AR) exposed materials which CAIR distributes in its local activism — notably its “American Jews and Political Power” course — to spread its beliefs. Some of it attempts to revise the history of Sharia law, which severely restricts the rights of women and is opposed to other core features of liberal societies.

Additionally, since the Hamas-led Oct. 7, 2023, massacre across southern Israel, CAIR’s chapter in Philadelphia has lobbied the state government to enact anti-Israel policies and accused Gov. Josh Shapiro of ignoring the plight of Palestinians. In a 2023 speech following Hamas’s Oct. 7 atrocities, CAIR’s national executive director, Nihad Awad, said he was “happy to see” Palestinians “breaking the siege and throwing down the shackles of their own land.”

CAIR’s attempt to undermine antisemitism prevention at Northwestern deflects from its own links to Jihadist groups which suppress freedom and promote hate, according to some experts.

“CAIR itself has a long history of terrorist ties in particular to the Muslim Brotherhood, illustrated by the fact that in the Holy Land Foundation (HLF) terrorism financing trial, CAIR was named an unindicted co-conspirator, and evidence showed direct financial interactions between CAIR and the now-defunct Hamas-linked charity,” Asaf Romirowsky, a Middle East expert and executive director of Scholars for Peace in the Middle East (SPME), told The Algemeiner. “This tactic of trying to turn antisemitism on its head in order to deflect from the nefarious activities of groups who have actual ties to terrorism is part of a larger strategy we see employed by Palestinian groups on campus such as the SJP. All of the above validates why the State Department is considering designating CAIR as a foreign terrorist organization.”

US Secretary of State Marco Rubio said in August that the United States is actively working to designate the Muslim Brotherhood, a key ideological backer of Hamas that has been linked to CAIR, as a foreign terrorist organization.

CAIR, which is not a designated terrorist group, has said that it “unequivocally condemn[s] all acts of terrorism, whether carried out by al-Qa’ida, the Real IRA, FARC, Hamas, ETA, or any other group designated by the US Department of State as a ‘Foreign Terrorist Organization.'”

The Coalition Against Antisemitism at Northwestern (CAAN), a group founded by concerned parents of Northwestern students, said in a statement on Tuesday that CAIR’s prevailing in court would have “set a harmful precedent, redefining civil rights training itself as discriminatory and weakening the very protections [Title VI of the Civil Rights Act] was designed to uphold. The court made clear that America’s civil rights laws continue to stand guard over the equality and safety of Jewish students.”

CAAN added, “Judge Alexakis questioned how a neutral, campus-wide program could constitute discrimination. The training simply requires students to acknowledge nondiscrimination policies incorporation the IHRA definition of antisemitism — the same international standard recognized by democratic governments and civil rights authorities around the world.”

Follow Dion J. Pierre @DionJPierre.