Harvard University on Monday asked a federal judge to dismiss the Trump administration's lawsuit accusing the university of antisemitism by failing to protect Israeli and Jewish students on campus.
The Department of Justice's Civil Rights Division filed the lawsuit in March 2026 in U.S. District Court for the District of Massachusetts, claiming Harvard violated Title VI of the Civil Rights Act. The case stems from campus protests that erupted following the October 7, 2023 Hamas attack on Israel and Israel's subsequent military campaign in Gaza.
What the Right Is Saying
The DOJ's lawsuit alleged Harvard allowed campus demonstrators to restrict students' access to classrooms and educational buildings while responding with inaction. The complaint stated Jewish and Israeli students allegedly concealed their yarmulkes with baseball caps due to hostility.
"Its faculty and leadership turned a blind eye to antisemitism and discrimination against Jews and Israelis," the DOJ's lawsuit read. The administration also accused Harvard of having "rewarded" demonstrations that erupted after October 7, 2023, pointing to what it described as a hostile educational environment for Jewish and Israeli students.
The Trump administration froze federal funding to several major universities and Ivy League schools in response to their handling of pro-Palestinian demonstrations and encampments. The DOJ lawsuit was filed nearly one year after Harvard sued the federal government over cutting off its federal funding.
What the Left Is Saying
Harvard's lawyers filed a 49-page motion arguing the government failed to state a valid legal claim under Title VI and has not alleged an ongoing or threatened violation. The university contends the lawsuit represents unconstitutional retaliation against it for exercising First Amendment rights.
"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," Harvard's court filing stated. Lawyers argued the DOJ has taken an "ostrich-like attempt to ignore" the university's efforts to combat antisemitism.
Harvard officials emphasized they have "not been deliberately indifferent to antisemitism on its campus" and have not discriminated against Jewish and Israeli students. The university pointed to a long list of steps it says it has taken to address discrimination concerns, arguing the government is relying on "a snapshot in time that does not exist today."
What the Numbers Show
A federal judge previously invalidated the administration's freeze of $2.2 billion in federal grants to Harvard, ruling the funding hold was unlawful. That court victory came after Harvard challenged the government's actions in a separate case.
In related proceedings, Suffolk County District Attorney Kevin Hayden's office said a judge dismissed hate crime charges against two graduate students accused of assaulting a student during a 2023 protest. The two students were instead ordered to complete community service and an anger management program under the dismissal agreement.
The DOJ lawsuit seeks remedies for what it describes as systemic failures in Harvard's response to antisemitic incidents, though specific financial damages were not disclosed in court filings reviewed by reporters.
The Bottom Line
Harvard's motion to dismiss sets up a significant legal battle over the scope of Title VI protections and whether federal law requires universities to address discrimination based on shared ancestry or national origin. A judge must now decide if the DOJ adequately stated a claim for relief.
The case is likely to proceed given both parties' prior willingness to litigate funding disputes in court. Harvard's First Amendment defense echoes arguments it made successfully when challenging the funding freeze, suggesting the university will pursue an aggressive legal strategy regardless of how the motion is decided.