Massachusetts Institute of Technology President Dr. Sally Kornbluth testifies during a US House Education and Workforce Committee hearing at the US Capitol, in Washington, DC, Dec. 5, 2023. Photo: Graeme Sloan/Sipa USA via Reuters Connect

A US federal judge has dismissed a lawsuit alleging that the Massachusetts Institute of Technology (MIT) failed to protect its Jewish students from an explosion of antisemitism on campus that followed Hamas’ massacre across southern Israel on October 7.

Filed in March by the StandWithUs Center for Legal Justice, the suit sought injunctive relief, which would have required MIT to enforce rules proscribing discrimination based on race and ethnic origin.

On Tuesday, US District Court Judge Richard Gaylore Stearns — who was appointed to the bench in 1993 by former US President Bill Clinton (D) and served as a political operative for and special assistant to Israel critic and former Democratic presidential nominee George McGovern — tossed the suit in a ruling which accused the Jewish plaintiffs of expecting MIT officials to be “clairvoyant” in anticipating a surge of antisemitism. He also rejected their argument that pro-Hamas demonstrators at MIT intentionally violated the civil rights of Jewish students by, as is alleged, calling for a genocide of Jews in Israel and perpetrating numerous other acts of harassment and intimidation.

“Plaintiffs frame MIT’s response to the conflict largely as one of inaction. But the facts alleged tell a different story,” Stearns wrote in his decision. “Far from sitting on its hands, MIT took steps to contain the escalating on-campus protests that, in some instances, posed a genuine threat to the welfare of Jewish and Israeli students, who were at times personally victimized by the hostile demonstrators. MIT began by suspending student protesters from non-academic activities, permitting them only to attend academic classes, while suspending one of the most undisciplined of the pro-Palestine student groups.”

He continued, “That MIT’s evolving and progressively punitive response largely tracked its increasing awareness of the hostility that demonstrators directed at Jewish and Israeli students shows that MIT did not react in a clearly unreasonable manner.”

Jewish students have consistently maintained that MIT’s response to antisemitism was delayed and paled in comparison to any action that it would have taken had the group subject to the discriminatory behavior been anything but Jewish.

“In the past five months, I’ve become traumatized,” Talia Khan, a student, told a US congressional committee in March, describing the situation at the university. “MIT has become overrun by terrorist supporters that directly threaten the lives of Jews on our campus. Members of the anti-Israel club on our campus have stated that violence against Jews who support Israel, including women and children, is acceptable. When this was reported to President Kornbluth and senior MIT administration, the issue was never dealt with. Then, administrators pleaded ignorance when we reminded them that no action had been taken, saying that they either forgot about it or missed the email.”

Khan went on to recount MIT’s efforts to suppress expressions of solidarity with Israel after the Hamas atrocities of Oct. 7. Such efforts included ordering Jewish students to remove Israeli flags from public display while allowing Palestinian flags to fly across campus. It is a “scandal” Khan explained, alienating Jewish students, staff, and faculty, many of whom resigned from an allegedly farcical committee formed on antisemitism. Staff were ignored, Khan said, after expressing fear that their lives were at risk, following an incident in which a mob of anti-Zionist activists amassed in front of the MIT Israel Internship office and attempted to infiltrate it, banging on its doors while “screaming” that Jews are committing genocide.

“No action was taken to discipline this behavior,” she continued. “We have DEI administrators, an inter-faith chaplain, and faculty who have openly supported Hamas as martyrs, harassed individual Jewish students online, and publicly supported antisemitic blood libel conspiracy theories. The MIT administration seems only to listen to those faculty and members of the MIT corporation who help them continue to gaslight Jewish students and faculty, telling us we’re being over dramatic and should just ‘go back to Israel if we don’t feel safe studying here.'”

On Wednesday, the StandWithUs Center for Legal Justice (SCLJ) told The Algemeiner that it will continue advocating equal civil rights protections for Jewish students.

“We are disappointed that the court has dismissed the SCLJ lawsuit seeking to hold MIT accountable for failing to protect Jewish and Zionist students from antisemitic hate on its campus,” SCLJ director Carly Gammill said in a statement. “We are immensely grateful to the courageous students and attorneys who made this case possible. The SCLJ will continue its efforts to hold bad actors responsible — ​whether ​for perpetuating or showing deliberate indifference to antisemitism — on behalf of students at MIT and campuses across the country.”

Khan told The Algemeiner that the MIT Jewish community is not discouraged by Stearns’ ruling.

“We, as a community, are not giving up after this dismissal,” she said. “We are pursuing all options to ensure MIT is held accountable for its failure to ensure the safety, security, and civil rights of all students.”

Judge Stearns, 80, is currently presiding over another lawsuit which makes similar accusations against Harvard University. According to The Harvard Crimson, Stearns, who received his juris doctor from Harvard Law School in 1976, heard arguments for that case’s dismissal during a proceeding held earlier this month. Lawyers for the university have argued that the Jewish plaintiffs “lack standing.”

The paper reported that Stearns said very little during the hearing and “did not indicate which way he was leaning.”

“Gonna have to give me some time to finish thinking it through,” he said.

Stearns’ record as an officer of the court is unblemished. However, he was once recused from a case involuntarily. In 2013, former US Supreme Court Justice David Souter, who was sitting on a federal appeals court at the time, terminated Stearns’ presiding over the criminal trial of alleged mafioso James “Whitey” Bulger, citing the judge’s past history as a prosecutor and ties to a law enforcement division which investigated Bulger as cause for a “reasonable person” to “question the judge’s ability to preserve impartiality.”

Follow Dion J. Pierre @DionJPierre.