The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
A List (with Links) of Antisemitism Lawsuits Filed against American Universities
Along with dozens of Title VI administrative complaints filed with the Office of Civil Rights, at least fourteen colleges and universities are facing lawsuits over their handling of antisemitism on campus since October 7. I asked around, and no one seems to have a compiled a list of defendants with links to the complaints, so I've created one, which I will update as needed. Let me know if I have missed any. UPDATE: It turns out that there is a website keeping up with the litigation, though it's currently missing a few of the ones I have listed below.
University of California Berkeley
University of California Los Angeles
New, 5/22: UC Davis
UPDATE: The success in these cases will obviously depend on the individual facts, the judges involved, and in some cases on state law claims that provide for particularly onerous damages. On the civil rights claims, in general I find the double standard in how universities enforce their rules to be the most persuasive claim. To win those claims, the plaintiffs don't have to get into the borderline between harassment and free speech, or whether the university has done the minimum necessary to combat harassment to meet Title VI. They only need to show, as seems pretty clear in most instances, that Jewish students who complain about antisemitism and their complaints are treated differently than complaints of discrimination by other groups, and/or that universities enforce their disciplinary rules differently with regard to antisemitic acts than with regard to other violations off school rules.
I have spoken to a half dozen or so attorneys involved in litigation on behalf of plaintiffs who experienced antisemitism on campus. Universally, their concern is not whether claims are strong enough to get past motions to dismiss and summary judgment. Rather, they regret that students on many campuses feel so intimidated that it's hard to persuade them to sign up as plaintiffs. That's a major reason why there are so many administrative complaints as opposed to lawsuits, the former don't require a named plaintiff.
