Federal Judge Denies Jewish Students' Lawsuit Against UPenn Over Antisemitism
Judge dismisses lawsuit by Jewish students accusing University of Pennsylvania of enabling antisemitic incidents.
A federal judge has dismissed a lawsuit accusing the University of Pennsylvania of permitting and facilitating an antisemitic environment on its campus in the aftermath of the October 7, 2023, Hamas attack on Israel. The lawsuit, filed by several Jewish students and alumni, alleged that the university's response to multiple incidents created a hostile educational environment for its Jewish community.
Chief Judge Mitchell Goldberg of the U.S. District Court for the Eastern District of Pennsylvania issued a detailed ruling this week, emphasizing that the 111-page amended complaint was broadly written and included numerous allegations reaching far beyond Penn’s campus, spanning both historical and global events. Judge Goldberg noted, "The amended complaint also includes sweeping allegations of ideological, philosophical, religious, and political concerns and grievances, that have nothing to do with a federal lawsuit."
Judge Goldberg found that the complaint failed to establish plausible claims under federal law, including Title VI—which prohibits discrimination based on race, color, or national origin in programs receiving federal funding—as well as state laws covering unfair trade practices and breach of contract. He highlighted that while the plaintiffs expounded at length on past incidents, some dating back over thirty years, they did not plead facts demonstrating either intentional discrimination or deliberate indifference by the university.
"At worst, Plaintiffs accuse Penn of tolerating and permitting the expression of viewpoints which differ from their own," Goldberg wrote, adding that there was no evidence that the administration itself had engaged in actions that could be construed as intentionally antisemitic or as causing direct harm to the plaintiffs.
The plaintiffs, including current students Jordan David and Noah Rubin and alumnus Eyal Yakoby, described numerous instances where they were personally subjected to derogatory language, verbal harassment, and targeting due to their Jewish identity. They alleged that these incidents, coupled with campus protests and specific events like the Palestine Writes Festival, resulted in missed classes and extracurricular opportunities, loss of tuition value, and a pervasive sense of fear and alienation. Many reported feeling compelled to hide outward expressions of their Jewish identity for safety reasons.
However, the judge acknowledged that Penn submitted evidence demonstrating that it has longstanding policies opposing antisemitism, as well as recent action plans to combat religious and racial hatred since October 7. The university has also reportedly increased security measures to safeguard the welfare of its Jewish students.
Highlighting the high legal threshold required to prove "deliberate indifference," Goldberg stated, "Plaintiffs’ dissatisfaction with Penn’s responses is not enough to establish there was an official decision by Penn to not remedy a Title VI violation and that this deliberate indifference effectively caused racial discrimination."
Despite the dismissal, Judge Goldberg offered the plaintiffs one final opportunity to amend their complaint, specifically with regard to the claims of Title VI and breach of contract. The legal battle underscores the ongoing national debate surrounding antisemitism, free speech, and university responsibilities in ensuring safe and inclusive campus environments.
