Harvard's Statement of Facts in the Harvard Anti-Semitism Lawsuit

[johnkarls]

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

PRESIDENT AND FELLOWS OF
HARVARD COLLEGE,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, et al.,
Defendants.

Case No. 1:25-cv-11048-ADB

MEMORANDUM IN SUPPORT OF
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Case 1:25-cv-11048-ADB Document 70 Filed 06/02/25 Page 1 of 62

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EXCERPT COMPRISING HARVARD’S STATEMENT OF THE FACTS

On April 11, 2025, citing concerns about alleged antisemitism and ideological bias at Harvard, the Government identified a list of “conditions” that Harvard must satisfy to continue receiving federal funding. Those demands included hiring a third party to conduct an “audit” of the viewpoints of Harvard’s student body, faculty, and staff; depending on the audit’s results, hiring a “critical mass” of new faculty and admitting a “critical mass” of new students to achieve “viewpoint diversity” in “each department, field, or teaching unit”; and “reducing the power” of certain faculty and students on campus. All told, the tradeoff put to Harvard was clear: Allow the Government to micromanage your viewpoints and your academic institution or jeopardize your ability to pursue medical breakthroughs, scientific discoveries, and innovative solutions.

Because Harvard would not allow itself to be taken over by the Government, Harvard rejected the Government’s demands on April 14, 2025. Alan M. Garber, The Promise of American Higher Education, Harvard Univ.: Off. of the President (Apr. 14, 2025), https://perma.cc/L4G7-J8UB. Within hours, the Government retaliated by freezing billions of dollars in federal funding to Harvard. One week later, Harvard again acted to protect its First Amendment freedoms by bringing this lawsuit. The Government again retaliated, announcing an end of all new grants to the University, followed by a slew of letters from various agencies formally terminating existing grants with Harvard. Leaving no doubt that the Government’s actions were retaliation for Harvard filing suit, the President contrasted Harvard with schools that have not sued, making clear that Harvard is “hurting [itself]” by “fighting.”1 In his words, “every time [Harvard] fight[s], they lose another $250 million.”2 The Secretary of Education echoed that sentiment, announcing that Harvard must “answer to” the