Harvard’s Palestine Solidarity Committee Intervenes in Federal Lawsuit, Challenging Trump’s Funding Freeze on Campus Activism

Cambridge, Massachusetts — The Harvard Undergraduate Palestine Solidarity Committee (PSC) intends to submit an amicus brief in support of the university’s ongoing legal battle against the Trump administration over federal research funding. This proposed document is aimed at backing Harvard’s push for summary judgment in its lawsuit, which seeks a court ruling without the necessity of a full trial.

The PSC’s brief will assert that pro-Palestine activism, including certain anti-Israel rhetoric, does not target individuals protected under federal laws and thus should not be deemed a “hostile environment.” This stance is significant in light of allegations by the federal government and Harvard that assert violations under Title VI of the Civil Rights Act of 1964.

The Trump administration has consistently criticized Harvard for creating a hostile atmosphere for Jewish students, linking this to pro-Palestine activities on campus. In a letter dated April 11, the administration indicated that continued federal funding for the university was contingent on halting support for the PSC and similar groups, citing instances of alleged antisemitic conduct that purportedly began following the Hamas attacks on Israel on October 7, 2023.

In addition to countering the administration’s demands, the PSC’s brief will challenge Harvard’s adoption of the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. Legal representative Ragini N. Shah from Suffolk University noted that this definition can lead to discrimination against Palestinian advocates by stifling legitimate criticism of Israel.

Harvard’s legal history concerning antisemitism complaints traces back to a settlement shortly after Trump’s inauguration. The university agreed to adopt the IHRA definition as part of settling two Title VI lawsuits that accused it of permitting antisemitism on campus. This definition categorizes specific critiques of Israel as antisemitic and clarifies protections for Jewish and Israeli students under the university’s nondiscrimination policies.

The PSC’s forthcoming brief will argue that enforcing the IHRA definition obstructs academic freedom by discouraging legitimate discourse on Israeli policies. Shah emphasized that Title VI cannot require institutions to suppress political expression merely because it offends some individuals in protected groups.

Currently, neither Harvard nor the Trump administration has expressed opposition to the PSC’s motion to file the brief. A spokesperson for Harvard was not immediately available for comments.

The PSC gained national attention after its response to the October 7 attacks, which attributed the ongoing violence in the region to Israeli government actions. This sparked significant backlash and intensified the discourse surrounding accusations of campus antisemitism at Harvard.

Several other organizations, including the American Council on Education and various civil liberties groups, have also sought to file amici briefs in this case. A federal judge approved ACE’s motion on Thursday, adding to the growing litigation landscape surrounding this issue.

Harvard’s lawsuit, initiated on April 11, addresses the administration’s freezing of nearly $3 billion in federal research funds and potential future disqualifications. The federal government has justified its actions with claims that the university has failed to adequately confront antisemitism on campus. Following the initial funding freeze, a federal task force stated that Harvard had not committed to necessary reforms regarding antisemitism.

Harvard hopes to receive a ruling on this case before September 3.

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