The suit’s primary complainant, Penn professor Huda Fakhreddine argued that Penn’s cooperating with Congress would inexorably lead to violations of professors’ privacy and other harms, such as doxxing and harassment.
By Dion J. Pierre, The Algemeiner
A US federal judge has dismissed an amended lawsuit which attempted to halt the University of Pennsylvania’s cooperation with a congressional investigation of campus antisemitism by arguing that it was suppressing the anti-Zionist movement and fostering racial bias.
“Plaintiffs once again fail adequately to allege any injury rising above speculative harm,” wrote US District Court Judge Mitchell Goldberg, dismissing the complaint, filed by members of the Faculty for Justice in Palestine (FJP) group, for the second time.
“This is not enough to make out standing … Because I cannot describe plaintiffs’ potential injuries without using the word ‘if,’ I must dismiss for want of standing.”
Goldberg, who was appointed to the bench in 2008 by former US President George W. Bush, continued, “The dismissal is with prejudice.”
As previously reported by The Algemeiner, FJP’s lawsuit dismissed concerns about rising antisemitism at the University of Pennsylvania (Penn), describing efforts to eradicate it as a conspiracy by “billionaire donors, pro-Israel groups, other litigants, and segments of the media” to squelch criticism of Israel and harm Arab students and academics.
It also castigated the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism, calling it a tool of a “militant minority which believes that Israel can do no wrong.”
The IHRA definition and its use by the US House Education and Workforce Committee in its investigation into antisemitism at Penn, the lawsuit continued, is “unconstitutional” and part of a larger plan of a “social engineering movement to repeal the First Amendment.”
The suit’s primary complainant, Penn professor Huda Fakhreddine, played an outsized role in inviting to Penn anti-Zionists who have spread blood libels as well as conspiracies of Jewish control to a 2023 “Palestine Writes Festival” and praised Hamas’s Oct. 7, 2023 massacre across southern Israel as a “new way of life.”
She argued in the suit that Penn’s cooperating with Congress would inexorably lead to violations of professors’ privacy and other harms, such as doxxing and harassment.
Additionally, Fakhreddine charged that a “new form of McCarthyism” animated the inquiry and that she is a victim of “a conspiracy motivated by race discrimination,” claims which Goldberg rejected for being sensationalist.
Penn is still repairing its image after a slew of antisemitic outrages during the 2023-2024 academic year prompted a donor exodus as well as the resignation of a president whose tenure was the shortest in school history.
In Fall 2023, it held the “Palestine Writes Literature Festival,” which featured prominent anti-Zionists who have weaponized classic antisemitic tropes to undermine support for Israel.
Speakers listed on the event’s initial itinerary included University of Gaza professor Refaat Alareer, who said in 2018, “Are most Jews evil? Of course they are,” and Salman Abu Sitta, who once said in an interview that “Jews were hated in Europe because they played a role in the destruction of the economy in some of the countries, so they would hate them.”
Roger Waters, the former Pink Floyd frontman, was also a scheduled speaker, despite that his antisemitism was previously exposed in a documentary which detailed Waters’ long record of anti-Jewish barbs.
In one instance, a former colleague recalled Waters at a restaurant yelling at the wait staff to “take away the Jew food.”
By the time former Penn president Elizabeth Magill, who resigned in December 2023, appeared before the House Education and Workforce Committee on Dec. 5 to testify about her handling of the literature event — which included refusing to cancel it — anti-Zionist protests at the university set off by the Israel-Hamas war had descended into demagoguery and intimidation of Jewish students, as activists flooded the campus to celebrate the Oct. 7 massacre.
At one point, during a gathering of the protesters in front of the Van Pelt Dietrich Library, a high school senior — referred to as “MJ,” who attended the Specialized Science Academy in Philadelphia — was invited to speak. He accused Israel of genocide and harassed others in the area, according to students who witnessed his remarks.
“The Israeli Jew has bastardized Judaism! Bastardized it! Trampled on it! How could you let this genocidal regime crap all over your God and your religion like this?” the speaker bellowed, as seen in footage posted by the anti-Zionist student group Penn Against the Occupation (POA) and reviewed by The Algemeiner.
“How can you, as a people who have seen the same amount of oppression in the past, stand by the same genocidal tactics, and lies, and methods that they use on our people? How could you stand for that? Look at you — you’re not even looking at this direction. You’re scared. You’re scared of being wrong.”
Donors and alumni quickly lost their tolerance for such outrages. In October 2023, venture capitalist David Magerman stopped giving money to the university and donated to Israeli universities instead.
So too did Stephen Levin — who graduated from the institution in 1967, according to The Daily Pennsylvanian — while billionaire Marc Rowan threatened disgorgement of a $100 million dollar gift he gave to the university.
McGill, who then served as Penn’s president, ultimately resigned due to the mounting controversies, and since then the university’s handling of antisemitism has been mixed.
In May 2024, a task force it created to study antisemitism on the campus issued a report denouncing the boycott, divestment, and sanctions (BDS) movement against Israel — which aims to isolate the Jewish state as the first step toward destroying it — as “discriminatory” and “anti-intellectual,” but it opposed adopting the IHRA definition of antisemitism.
Describing the widely accepted IHRA definition as “controversial,” the report’s authors explained that other definitions of antisemitism, such as the “Jerusalem Definition” and the “Nexus Document,” are in tension with IHRA’s, preventing them from reaching a consensus about which is best.
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