The Trump administration's new Title VI complaint against Harvard is pervasively disingenuous in its factual allegations and exceedingly weak on the law. Fortunately the district court & court of appeals will be guided by the MIT precedent, which makes this pretty open & shut.

Recently the DOJ sued UCLA, arguing that we are such a "hotbed of campus antisemitism"—primarily because of pro-Palestinian student protests—that it's a hostile work environment for Jewish faculty and staff. Well, many actual Jewish faculty and staff vehemently disagree and we wrote this letter:

@CaseViewerApp.bsky.social is much more impressed with Justice Gorsuch’s opinion in the tariffs case than I am…

Well, the DOJ has done it: they have filed a lawsuit against the University of California over antisemitism. The complaint contains some falsehoods. But as someone who teaches and writes about Title VII, I'm equally struck by what the complaint doesn't say. A few thoughts— 🧵

Why anti-Zionism can't properly be treated as antisemitism for purposes of federal civil rights law, in ~ 2 minutes

Here's my opening statement at the civil rights commission hearing on campus antisemitism: www.youtube.com/watch?v=uJ_k... I thought it was a great discussion, with very important contributions from @genevievelakier.bsky.social and @dorfonlaw.bsky.social and apt questions from the commissioners.

I will be testifying at this panel also, along with @beidelson.bsky.social and Eugene Volokh. it should be interesting bc panelists are very far apart: Did the fed gov do too little to repress antisemitic student speech on campus after Oct 2023? or did it instead flagrantly violate 1A rights?

I’ll be testifying later this morning at a hearing of the U.S. Civil Rights Commission on campus antisemitism and the government’s response, on a panel with @genevievelakier.bsky.social, @dorfonlaw.bsky.social and others. My statement: tinyurl.com/2t4z3yr2 And the livestream: tinyurl.com/jwnj8yb5

Update: I pointed out this tension with Trump DOJ guidance, and the EEOC Chair responded that it's "[e]mbarrassing that a Harvard Law professor has this degree of reading and listening comprehension issues." Ok then!

Isn't this message from the EEOC blatantly unconstitutional under Trump DOJ guidance? A nice exhibit for any university challenged over targeted recruitment or the like! "Are you a white male who has experienced discrimination at work based on your race or sex? You may have a claim..."

It seems to me Congress should hold off on funding elaborate conspiracies to violate the Constitution.

I spoke yesterday at a local event here in MA about efforts to restrict criticism of Israel in K-12 schools and how schools should think about defining antisemitism in light of the 1st Amendment. Here's the video (~20 minutes): www.youtube.com/watch?v=uNaT... CC @concernedjfaculty.bsky.social

The latest version of Case Viewer (www.caseviewer.app) includes a beta of an integrated chatbot that's pretty distinctive and genuinely useful (IMHO). It reads the case, answers directly based on the text, and scrolls you to the relevant passages. @caseviewerapp.bsky.social

New experiments with an integrated chat/assistant for Case Viewer. Still pretty amazing what LLMs can do, especially when they have full access to the relevant text

I am trying to keep most of the Case Viewer content on @CaseViewerApp.bsky.social, but I'm especially proud of this innovation and can't resist sharing it here too. The best way to read a judicial opinion, IMHO. (The magic is that none of the section titles below are actually in the opinion.)

A nice write up about Case Viewer, my legal browser app: hls.harvard.edu/today/harvar... If you have an iPhone, iPad, or Mac and haven't tried it, you should! Learn more at www.caseviewer.app, follow @caseviewerapp.bsky.social, or download for free from app store: apps.apple.com/app/apple-st...

Based on the @theharvardcrimson.bsky.social's new reporting, Harvard's commitment to scrubbing discussion of race from the admissions process (left) appears to go far beyond what the conservative Supreme Court majority actually required in SFFA (right).

Check out the latest version of Case Viewer on the App Store — now with detailed AI annotations, on iPhone, iPad, and macOS apps.apple.com/app/apple-st...

Kagan’s short dissent is unanswerable.

Case Viewer is one of those tools you didn't know you needed. Apple-only for now, but it brings a simple, clean interface to reading case law, and it's finally out of beta! We're proud to have our APIs and data integrated into the tool and we encourage folks to give it a try!

Case Viewer, my quirky side project of building my ideal legal search & reading app, has come a long way. With lots of help, it's grown into the best way to find & read cases on a Mac, iPhone, or iPad. Check it out or download on the App Store below. And follow @CaseViewerApp for updates!

Even with its professed limits, Trump’s flag-burning order appears blatantly unconstitutional. “Prosecute disfavored acts of expression insofar as they also constitute criminal acts under some content-neutral law” is not content-neutral. @charliesavage.bsky.social www.nytimes.com/live/2025/08...

I have learned a ton from engaging across differences with Sherif and this essay is a wonderful example. Highly recommended!

As I explain in this @bostonglobe.com op-ed, the new Trump ruling on antisemitism at Harvard is deeply ironic—it quietly embraces ideas about anti-discrimination law that the administration has repudiated for civil rights claims by every other group. (1/3) www.bostonglobe.com/2025/07/03/o...

A stunning and telling error in the Title VI "notice of violation" against Harvard: One of the document's most striking claims is that Harvard ignored "reports of Jewish and Israeli students being spit on in the face for wearing a yarmulke." This is repeated in their letter & in news coverage.(1/3)

Reading the Title VI "notice of violation" against Harvard makes stark that, to a large extent, the target is not antisemitism (not even trumped up claims of antisemitism) but protests. Where in these descriptions of alleged misconduct is the discrimination against Jewish (or Israeli) students?

There is much that's far-fetched and remarkable about Trump admin's new Title VI finding against Harvard. One example is this bizarre bit about why claims in Harvard's antisemitism report can be treated as evidence—despite the task force's explanation that it 'did not require ... evidence'! (1/2)

This Ogles letter is deranged and incompetent on many levels. The Supreme Court addressed the standard for denaturalization in a unanimous opinion less than a decade ago and every one of the many elements it required is absent. Reporters covering this stunt should tell their readers as much.

"Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" is now out: tinyurl.com/3wpvbnzu Thanks to HLR editors for fast & diligent editing and to the many who've engaged with us since we posted the draft. And of course to @hellmandeborah.bsky.social for another great collaboration.

Some takeaways from our new article on Title VI and antisemitism/antizionism (cc @hellmandeborah.bsky.social) in this @chronicle.com Q&A with @shenandoahkate.bsky.social. Full paper: ssrn.com/abstract=527...

Trump's renunciation of disparate impact is ironic: As @hellmandeborah.bsky.social and I explain in new paper, the disparate impact regulation is likely essential to any plausible Title VI theory re: campus antisemitism. Reporters should ask if they're making an exception! ssrn.com/abstract=527...

I appreciate what @beidelson.bsky.social & @hellmandeborah.bsky.social have accomplished here: a concise and thoughtful guide to the reach of Title VI when it comes to antisemitism and speech about Israel. The Trump Administration's attacks on universities, supposedly regarding antisemitism, are...

Very important guide for navigating the complexities here, including especially the nature of "deliberate indifference" in the context of a deeply contested mix of values and rights at stake.

New to Bluesky, and posting a new paper: "Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" -- with @beidelson.bsky.social. Forthcoming in Harv. L. Rev. Forum in June. (papers.ssrn.com/sol3/papers....). A thread follows.

New paper: "Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" — with @hellmandeborah.bsky.social. Forthcoming in Harv L Rev Forum (ssrn.com/abstract=5271044) This is one of the first systematic analyses of the wave of Title VI claims over campus antisemitism. A quick summary 🧵:

I've just joined BlueSky and need help from friends to gather followers. So @uvalaw.bsky.social, and other faculty and students, please share/follow. I write about discrimination law and its philosophical foundations and about bribery and corruption. Am interested in all things law and philosophy.

Mitch Berman is the among the best on unconstitutional conditions: wapo.st/4jliBSO

Essential reading, from Jenner's Adam Unikowsky. Not only does Adam pull together all of the reasons why the E.O.s are patently illegal and profoundly dangerous; he also explains ... [1] adamunikowsky.substack.com/p/the-case-f...

"From Abundance to Enough," about "the struggle to teach about climate change and also honor childhood," featuring my favorite five year old: www.theremake.org/from-abundan... (And check out more of @amywrothschild.bsky.social's wonderful writing at amyrothschild.wordpress.com)

An important perspective by @sbagen.bsky.social, @ryandoerfler.bsky.social, and my colleague David Pozen. www.thenation.com/article/soci...

Powerful First Amendment analysis and bracing conclusion from @genevievelakier.bsky.social: “If Harvard gives in, we should recognize what it is doing—enabling & encouraging the unconstitutional actions of an administration … hellbent on destroying the independence of American higher education.”

I’m proud of my colleagues @nikobowie.bsky.social and @beidelson.bsky.social for their eloquent condemnation of the administration’s threats against Harvard. Harvard has the law and justice on its side. Don’t give in! www.bostonglobe.com/2025/04/04/o...

This is indeed a moment of truth for Harvard — and for American higher education as well as science, medicine, technology, and the humanities. If the richest university in the world submits to lawless extortion by the Cult of Trump, we are truly sunk. We must be clear: Veritas is not for sale.

@nikobowie.bsky.social & @beidelson.bsky.social explain in a straightforward way what the stakes are. Harvard should not be collaborating with the entirely lawless demands of an administration that aims to render Harvard—and American higher education as a whole—a mere appendage of the government.

“Harvard now faces a crucial choice: Submit to extortion and make itself complicit in the most profound assault on academic freedom and constitutional governance of our time—or go to court. The stakes are high, but the choice should not be difficult.” With @nikobowie.bsky.social at @bostonglobe.com

Why I signed the Harvard Law professors letter: balkin.blogspot.com/2025/04/why-...

Over 740 faculty from across Harvard (as of Friday) urged university leadership to publicly contest the ongoing, antidemocratic attacks on universities

Also this week: The AAUP - Harvard Faculty Chapter joined other AAUP chapters in suing the Trump administration: www.thecrimson.com/article/2025...