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US Federal Judge Dismisses Antisemitism Lawsuit Against MIT
Massachusetts Institute of Technology President Dr. Sally Kornbluth testifies during a US House Education and Workforce Committee hearing at the US Capitol, in Washington, DC, Dec. 5, 2023. Photo: Graeme Sloan/Sipa USA via Reuters Connect
A US federal judge has dismissed a lawsuit alleging that the Massachusetts Institute of Technology (MIT) failed to protect its Jewish students from an explosion of antisemitism on campus that followed Hamas’ massacre across southern Israel on Oct. 7.
Filed in March by the StandWithUs Center for Legal Justice, the suit sought injunctive relief, which would have required MIT to enforce rules proscribing discrimination based on race and ethnic origin.
On Tuesday, US District Court Judge Richard Gaylore Stearns — who was appointed to the bench in 1993 by former US President Bill Clinton (D) and served as a political operative for and special assistant to Israel critic and former Democratic presidential nominee George McGovern — tossed the suit in a ruling which accused the Jewish plaintiffs of expecting MIT officials to be “clairvoyant” in anticipating a surge of antisemitism. He rejected their argument that pro-Hamas demonstrators at MIT intentionally violated the civil rights of Jewish students by, as is alleged, calling for a genocide of Jews in Israel and perpetrating numerous other acts of harassment and intimidation.
“Plaintiffs frame MIT’s response to the conflict largely as one of inaction. But the facts alleged tell a different story,” Stearns wrote in his decision. “Far from sitting on its hands, MIT took steps to contain the escalating on-campus protests that, in some instances, posed a genuine threat to the welfare of Jewish and Israeli students, who were at times personally victimized by the hostile demonstrators. MIT began by suspending student protesters from non-academic activities, permitting them only to attend academic classes, while suspending one of the most undisciplined of the pro-Palestine student groups.”
He continued, “That MIT’s evolving and progressively punitive response largely tracked its increasing awareness of the hostility that demonstrators directed at Jewish and Israeli students shows that MIT did not react in a clearly unreasonable manner.”
Jewish students have consistently maintained that MIT’s response to antisemitism was delayed and paled in comparison to any action that it would have taken had the group subject to the discriminatory behavior been anything but Jewish.
“In the past five months, I’ve become traumatized,” Talia Khan, a student, told a US congressional committee in March, describing the situation at the university. “MIT has become overrun by terrorist supporters that directly threaten the lives of Jews on our campus. Members of the anti-Israel club on our campus have stated that violence against Jews who support Israel, including women and children, is acceptable. When this was reported to President Kornbluth and senior MIT administration, the issue was never dealt with. Then, administrators pleaded ignorance when we reminded them that no action had been taken, saying that they either forgot about it or missed the email.”
Khan went on to recount MIT’s efforts to suppress expressions of solidarity with Israel after the Hamas atrocities of Oct. 7. Such efforts included ordering Jewish students to remove Israeli flags from public display while allowing Palestinian flags to fly across campus. It is a “scandal” Khan explained, alienating Jewish students, staff, and faculty, many of whom resigned from an allegedly farcical committee formed on antisemitism. Staff were ignored, Khan said, after expressing fear that their lives were at risk, following an incident in which a mob of anti-Zionist activists amassed in front of the MIT Israel Internship office and attempted to infiltrate it, banging on its doors while “screaming” that Jews are committing genocide.
“No action was taken to discipline this behavior,” she continued. “We have DEI administrators, an inter-faith chaplain, and faculty who have openly supported Hamas as martyrs, harassed individual Jewish students online, and publicly supported antisemitic blood libel conspiracy theories. The MIT administration seems only to listen to those faculty and members of the MIT corporation who help them continue to gaslight Jewish students and faculty, telling us we’re being over dramatic and should just ‘go back to Israel if we don’t feel safe studying here.’”
On Wednesday, the StandWithUs Center for Legal Justice (SCLJ) told The Algemeiner that it will continue advocating equal civil rights protections for Jewish students.
“We are disappointed that the court has dismissed the SCLJ lawsuit seeking to hold MIT accountable for failing to protect Jewish and Zionist students from antisemitic hate on its campus,” SCLJ director Carly Gammill said in a statement. “We are immensely grateful to the courageous students and attorneys who made this case possible. The SCLJ will continue its efforts to hold bad actors responsible — whether for perpetuating or showing deliberate indifference to antisemitism — on behalf of students at MIT and campuses across the country.”
Khan told The Algemeiner that the MIT Jewish community is not discouraged by Stearns’ ruling.
“We, as a community, are not giving up after this dismissal,” she said. “We are pursuing all options to ensure MIT is held accountable for its failure to ensure the safety, security, and civil rights of all students.”
Judge Stearns, 80, is currently presiding over another lawsuit which makes similar accusations against Harvard University. According to The Harvard Crimson, Stearns, who received his juris doctor from Harvard Law School in 1976, heard arguments for that case’s dismissal during a proceeding held earlier this month. Lawyers for the university have argued that the Jewish plaintiffs “lack standing.”
The paper reported that Stearns said very little during the hearing and “did not indicate which way he was leaning.”
“Gonna have to give me some time to finish thinking it through,” he said.
Stearns’ record as an officer of the court is unblemished. However, he was once recused from a case involuntarily. In 2013, former US Supreme Court Justice David Souter, who was sitting on a federal appeals court at the time, terminated Stearns’ presiding over the criminal trial of alleged mafioso James “Whitey” Bulger, citing the judge’s past history as a prosecutor and ties to a law enforcement division which investigated Bulger as cause for a “reasonable person” to “question the judge’s ability to preserve impartiality through the course of this prosecution.”
Follow Dion J. Pierre @DionJPierre.
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US Supreme Court Decision Reopens Family’s Efforts to Recover Nazi-Stolen Painting Worth Millions
The US Supreme Court building in Washington, DC, May 17, 2021. Photo: REUTERS/Jonathan Ernst
A ruling by the US Supreme Court on Monday has restarted a fight over the ownership of artist Camille Pissarro’s 1897 oil painting “Rue Saint-Honoré, in the afternoon. Effect of rain,” a work stolen by the Nazi regime and now hanging in Madrid’s Thyssen-Bornemisza museum.
Citing a new California law, the justices reversed the decision of lower courts which sided with the Spanish museum against the descendants of German Jewish art collector Julius Cassirer, who purchased the painting from Pissarro in 1900 and whose daughter-in-law Lilly Cassirer Neubauer was coerced into selling the work in order to obtain exit visas for herself and her husband to flee Germany.
The painting is estimated to be worth tens of millions of dollars. It features a gray image of a street scene with impressionistic renderings of carriages. The Thyssen-Bornemisza museum describes the painting as part of “a series of fifteen works that Camille Pissarro painted in Paris from the window of his hotel in the place du Théâtre Français during the winter of 1897 and 1898.”
The Nazis auctioned the painting in 1943, and it ultimately ended up in the possession of the Spanish government in the 1990s following a purchase from Baron Hans Heinrich Thyssen-Bornemisza. The museum says it did not know of the painting’s provenance when buying the work. Heirs of the Cassirer Neubauer family first sued in 2005 upon learning of the art’s survival in 2000 and failing to come to an agreement with the museum.
David Cassirer, great-grandson of Cassirer Neubauer, praised the Supreme Court “for insisting on applying principles of right and wrong.” He said in a statement that “as a Holocaust survivor, my late father, Claude Cassirer, was very proud to become an American citizen in 1947, and he cherished the values of this country.”
When California Gov. Gavin Newsom signed the law now cited by the Supreme Court, he said that “for survivors of the Holocaust and their families, the fight to take back ownership of art and other personal items stolen by the Nazis continues to traumatize those who have already gone through the unimaginable.” Newsom called it “both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”
The legislation mandates that California law must apply in lawsuits involving artwork or other personal property that was stolen or looted during the Holocaust due to political persecution, like in the case involving the Cassirer family. The legislation builds on existing California law that aids the state’s residents in recovering stolen property, including property stolen during the Holocaust.
Previously, the US Ninth Circuit Court of Appeals had ruled that the Thyssen-Bornemisza museum was not obligated to return the artwork to Cassirer’s heirs in California, applying Spanish law to the case as opposed to California law.
Cassirer’s lawyers, David Boies and Sam Dubbin, said in response to the Supreme Court’s overriding decision that “we hope Spain and its museum will now do the right thing and return the Nazi-looted art they are holding without further delay.”
The museum’s lawyer, Thaddeus Stauber, countered that “today’s brief order gives the Ninth Circuit the first opportunity to examine if the new California Assembly Bill is valid and what, if any, impact it may have on the Thyssen-Bornemisza Collection Foundation’s repeatedly affirmed rightful ownership.” He said that the foundation, “as it has for the past 20 years, looks forward to working with all concerned to once again ensure that its ownership is confirmed with the painting remaining on public display in Madrid.”
Other descendants of Jews forced under duress during World War II to part with their artworks have continued efforts to recover paintings to differing degrees of success.
Heirs of Paul Leffmann have sought to acquire Pablo Picasso’s “The Actor” from New York’s Metropolitan Museum of Art. Two American courts have disagreed with the family.
In Amsterdam in June 2024, a museum returned “Odalisque” by Henri Matisse to heirs of Albert and Marie Stern.
In October 2024, the family of Adalbert Parlagi received Claude Monet’s “Bord de Mer” from a Louisiana family who attempted to sell the painting to an art gallery, triggering an alert to the FBI.
Months earlier, in July 2024, Manhattan District Attorney Alvin Bragg, Jr. announced the return of the Austrian artist Egon Schiele’s “Seated Nude Woman, front view” to the family of Fritz Grünbaum. The descendants of Gustav “Gus” Papanek repatriated the work, unaware of its theft when the family purchased it in 1938.
“The history behind Nazi-looted art is horrific and tragic, and the consequences are still impacting victims and their families to this day. It is inspiring to see both the Grünbaum and Papanek families join together to reflect on their shared history and preserve the legacy of Fritz Grünbaum,” Bragg said at the time. “I want to commend the Reif family for harnessing Fritz Grünbaum’s legacy to create a better world by using the funds from their auctions to support underprivileged artists.”
Grünbaum relative Timothy Reif said at the time that “the recovery of this important artwork — stolen from a prominent Jewish critic of Adolf Hitler — sends a message to the world that crime does not pay and that the law enforcement community in New York has not forgotten the dark lessons of World War II.”
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Former Hostage From Nova Music Festival Massacre Invites Trump to Dance With Survivors at Memorial Concert
An Israeli soldier stands during a two-minute siren marking the annual Israeli Holocaust Remembrance Day, at an installation at the site of the Nova festival where party goers were killed and kidnapped during the Oct. 7 attack by Hamas terrorists from Gaza, in Reim, southern Israel, May 6, 2024. Photo: REUTERS/Ammar Awad
The second annual memorial concert honoring the victims killed at the Nova music festival in Israel on Oct. 7, 2023, will take place in June, and US President Donald Trump has been invited to attend.
The Tribe of Nova community announced on Tuesday details about the “Nova Healing Concert” scheduled for June 26 at Tel Aviv’s Yarkon Park. Former hostage Mia Schem, who was abducted by Hamas terrorists at the site of the music festival, addressed the media in Israel on Tuesday to talk about the upcoming concert while also sharing a message with Trump.
“Thank you, President Trump, for everything you’re doing to release the hostages,” she said. “I invite you to dance with us in Yarkon Park and celebrate the moment when everyone finally returns home.”
“My vision, and that of everyone’s, is that this year should be different,” Schem added. “A year when we won’t have to shout but embrace. Let’s dance not just for them but with them. This is the strength of our community – it heals, it strengthens, it is our home.”
The setlist for the concert includes Benaia Barabi, Berry Sakharof, Mosh Ben-Ari, Sasi and Rita. The event on June 26 will also feature activities such as therapeutic workshops and spaces for dealing with trauma. Tickets are open and available to the general public, and admission is free for survivors of the Oct. 7 massacre and members of the bereaved families. All profits from ticket sales and event sponsorships will be used by the Nova Tribe Community Association to support the physical and mental healing of Oct. 7 survivors and members of their families, as well as commemoration for those murdered during the Hamas terrorist attack. Last year’s memorial concert was attended by tens of thousands of young people, according to Ynet.
Hamas-led terrorists from the Gaza Strip who infiltrated the music festival in Re’im during the early morning of Oct. 7, 2023, killed 370 people and abducted 44 hostages. Overall, the terrorists killed 1,200 people and took more than 250 captives during their rampage across southern Israel.
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Israel Agrees to Talks on Lebanon Border, to Free Five Lebanese, PM Office Says
An Israeli flag flies in Lebanon, near the Israel-Lebanon border, following the ceasefire between Israel and Iran-backed Hezbollah, as seen from Metula, northern Israel, Dec. 3, 2024. Photo: REUTERS/Stoyan Nenov
Israel said on Tuesday it had agreed to hold talks to demarcate its border with Lebanon, adding it would release five Lebanese detainees held by the Israeli military in what it called a “gesture to the Lebanese president.”
A statement by Prime Minister Benjamin Netanyahu’s office said Israel had agreed with Lebanon, the US, and France to establish working groups to discuss the demarcation line between the two countries.
Though Israel has largely withdrawn from southern Lebanon under a ceasefire deal agreed in November, its troops continue to hold five hilltop positions in the area with airstrikes in southern Lebanon citing what it described as Hezbollah activity.
The ceasefire deal ended more than a year of conflict between Israel‘s military and the Iran-backed Lebanese terrorist group Hezbollah that was playing out in parallel with the Gaza war.
The fighting peaked in a major Israeli air and ground campaign in southern Lebanon that left Hezbollah badly weakened, with most of its military command killed in Israeli strikes.
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