Harvard University on Monday urged a federal judge to throw out the Trump administration's lawsuit alleging the Ivy League institution failed to protect Jewish and Israeli students from antisemitism on campus. The motion, filed in U.S. District Court in Boston, marks the latest escalation in a bitter legal battle between the university and the federal government.
The Department of Justice's Civil Rights Division brought the suit in March, accusing Harvard of violating Title VI of the Civil Rights Act by allowing a hostile environment to fester. But Harvard's legal team, in a 49-page filing, argued that the government's complaint is legally insufficient and politically motivated.
“The government does not even attempt to allege an ongoing or threatened violation of Title VI,” the university's lawyers wrote, adding that the lawsuit is “a continuation of the Government’s unconstitutional retaliation campaign against Harvard.” They asserted that the entire case is barred under the First Amendment, as it targets the university's speech and academic freedom.
Harvard's attorneys rejected the DOJ's portrayal of events, calling it “a snapshot in time that does not exist today.” They detailed a series of steps the university has taken to combat antisemitism, including policy changes and disciplinary actions, arguing that the institution has not been deliberately indifferent to discrimination.
“After a year-long campaign to burden Harvard’s First Amendment rights, this litigation is another transparent—but equally unlawful—effort to accomplish the ends the Government has long sought through a different means,” the filing reads.
The Trump administration's lawsuit alleged that Harvard allowed pro-Palestinian demonstrators to restrict access to classrooms and buildings, and that the university's response was to “do nothing.” It also claimed that Harvard “rewarded” protests that erupted after Israel's war with Hamas, which began with the October 7, 2023, attack and has since led to over 70,000 Palestinian deaths in Gaza. The suit further asserted that Jewish and Israeli students felt compelled to hide their yarmulkes under baseball caps due to a “hostile education environment.”
“Its faculty and leadership turned a blind eye to antisemitism and discrimination against Jews and Israelis,” the DOJ's complaint stated.
Some of the evidence cited by the government has already faced scrutiny in court. One incident involved a student who claimed he was assaulted by two graduate students during a 2023 protest. The Suffolk County District Attorney's office later noted that a judge dismissed hate crime charges against the students, who were instead ordered to complete community service and an anger management program.
The lawsuit is part of a broader Trump administration crackdown on universities over their handling of pro-Palestinian protests. The White House has frozen federal funding to several major schools, including Harvard, which saw $2.2 billion in grants halted. A federal judge later invalidated that freeze, and Harvard separately sued the government over the funding cut. The current case also echoes other administration actions, such as the DOJ probe into Maryland mail ballot errors and efforts to tighten sanctions on Iran.
Harvard's motion to dismiss now awaits a ruling from the judge, with the university arguing that the government's case is a political weapon rather than a legitimate legal claim. The outcome could set a precedent for how federal antisemitism laws are applied to campus speech and protest.
