Ken Marcus, the founder of the Louis D. Brandeis Center for Human Rights Under Law, said on Wednesday that he had faith in Education Secretary Linda McMahon to ensure that any settlements the Trump administration were to make with Harvard University or other schools would ensure concrete reforms to address campus antisemitism. 

Marcus, one of the nation’s leading antisemitism experts who served as assistant secretary of education for civil rights in President Donald Trump’s first administration, made the comments while speaking to Jewish Insider on the sidelines of the Federalist Society and the Defense of Freedom Institute’s annual Education Law & Policy Conference, where he and McMahon both made appearances. 

“There have been a lot of concerns expressed about whether the federal government is going to be letting universities off too easily on soft deals. It is my perception that Sec. McMahon is resolved to make sure that any settlement agreements are strong and effective. I believe that she is willing to fight for that, and that should be a source of significant confidence,” Marcus told JI. 

Marcus was responding to a question about the ongoing dispute between different factions within the Trump administration over the effectiveness of the ongoing negotiations and settlements with universities, most notably Harvard. Officials have split themselves into two camps, with one side pushing only for deals that secure substantial changes to school policies to address civil rights issues and the other seeking large payouts to appease President Donald Trump, who has said he wants Harvard to pay at least $500 million to restore its more than $2 billion in federal funds. 

McMahon said during her Wednesday morning appearance that it was not the Trump administration’s objective to end up in prolonged legal battles with Harvard or other universities and revealed she was hopeful about reaching a settlement that delivers meaningful reforms to the elite campus. She also expressed confidence in the government’s case.

“Sec. McMahon was right to remind us that the same judge who ruled against the federal government in the Harvard case had also ruled in favor of Harvard in the affirmative action case,” Marcus told JI.

“The judge was overruled before and may well be overruled again. That case turns in part on some very technical issues involving sovereign immunity under the Tucker Act and whether the Court of Federal Claims is the exclusive court with jurisdiction over procurement issues, so we’ll see where it goes on appeal, but I certainly fully understand why the Trump administration would appeal this and feel some degree of confidence,” he continued, referring to the federal law that allows individuals to sue the U.S. government. 

Marcus spoke to JI ahead of his appearance on a panel entitled, “Federal Efforts to Combat Antisemitism: Restoring Campus Civil Rights or Infringing on Academic Freedom?” 

The discussion was moderated by Florida Supreme Court Chief Justice Carlos Muniz and featured Marcus; Sarah Perry, vice president and legal fellow with Defending Education; Ilya Somin, law professor at George Mason University’s Antonin Scalia Law School; and Tyler Coward, lead counsel for government affairs at the Foundation for Individual Rights and Expression (FIRE). 

While the group respectfully disagreed over some proposed solutions, such as codifying the International Holocaust Remembrance Alliance’s working definition of antisemitism on the state or federal level, they also found several areas of common ground.

Perry, Marcus and Coward each said they support the federal government amending Title VI to add religion to the categories of protected groups. “Title VII of the Civil Rights Act of 1964 does something that Title VI does not, which is including religious protections,” Perry said. 

All four agreed that enforcement of current policies on the books, rather than relying on legislators to amend the law, was necessary.

“If we enforce the policies that are on the book, we actually don’t have to address defining antisemitism, because we already have these neutral policies that are on the books. Then we can avoid some of those things [such as disputes over the IHRA definition],” Coward said. “Because I think the actual actions we’re trying to stop are the … conduct of running Jewish students off campus, that kind of stuff, as opposed to defining that more broadly.”

For a brief moment, it looked like 2024 all over again: Tents were erected at Yale University’s central plaza on Tuesday night, with anti-Israel activists hoping to loudly protest the visit of far-right Israeli National Security Minister Itamar Ben-Gvir to campus. Videos of students in keffiyehs, shouting protest slogans, started to spread online on Tuesday night.

But then something unexpected happened. University administrators showed up, threatening disciplinary action, and the protesters were told to leave — or face consequences. So they left. The new encampment didn’t last a couple hours, let alone overnight. The next day, Yale announced that it had revoked its recognition of Yalies4Palestine, the student group that organized the protest. (On Wednesday night, a large protest occurred outside the off-campus building where Ben-Gvir was speaking.)

Meanwhile, at Cornell University, President Michael Kotlikoff announced on Wednesday that he had canceled an upcoming campus performance by R&B singer Kehlani because of her history of anti-Israel social media posts. He wrote in an email to Cornell affiliates that he had heard from many people who were “angry, hurt and confused” that the school’s annual spring music festival “would feature a performer who has espoused antisemitic, anti-Israel sentiments in performances, videos and on social media.” 

The quick decisions from administrators at Yale and Cornell to shut down anti-Israel activity reflect something of a vibe shift on American campuses. One year ago, anti-Israel encampments were, for a few weeks, de rigueur on campus quads across the nation. University leaders seemed paralyzed, unsure of how to handle protests that in many cases explicitly excluded Jewish or Zionist students and at times became violent. That’s a markedly different environment from what’s happening at those same schools so far this spring. 

“In general, protest activity is way down this year as compared to last year,” Hillel International CEO Adam Lehman told Jewish Insider. 

There is no single reason that protests have subsided. Jewish students, campus Jewish leaders and professionals at Jewish advocacy organizations attribute the change to a mix of factors: stricter consequences from university leaders, fear of running afoul of President Donald Trump’s pledge to deport pro-Hamas foreign students and the issue generally losing steam and cachet among easily distracted students. 

Last spring, an encampment at The George Washington University was only dismantled after the university faced threats from Congress. Now, no such protest is taking place — which Daniel Schwartz, a Jewish history professor, said was likely due in part to the “sense that the university was going to be responding much more fiercely to anything resembling what happened last year.” 

“For the most part, the enforcement of rules, the understanding of what the rules are, what you can do, what you can’t do, requiring people to get permits for protests, has really calmed things down [from] the sort of violence that we saw last year,” said Jordan Acker, a member of the Board of Regents of the University of Michigan, who has faced antisemitic vandalism and targeted, personal protests from Michigan students.

Michael Simon, the executive director at Northwestern Hillel, came into the school year with a “big question mark” of how the school’s new policies, which provide strict guidance for student protests and the type of behavior allowed at them, would be applied. “I’m going to say it with a real hedging: at least up until now, I would say we’ve seen the lower end of what I would have expected,” he said of campus anti-Israel protests.

Many major universities like Northwestern spent last summer honing their campus codes of conduct and their regulations for student protests, making clear at the start of the school year that similar actions would not be tolerated again. In February, for instance, Barnard College expelled two students who loudly disrupted an Israeli history class at Columbia,. 

“For the most part, the enforcement of rules, the understanding of what the rules are, what you can do, what you can’t do, requiring people to get permits for protests, has really calmed things down [from] the sort of violence that we saw last year,” said Jordan Acker, a member of the Board of Regents of the University of Michigan, who has faced antisemitic vandalism and targeted, personal protests from Michigan students.

In recent weeks, the Trump administration has pressured top universities to crack down on antisemitic activity. The president’s threats to revoke federal funding if universities don’t get antisemitism under control has drawn pushback — Harvard is suing the Trump administration over its decision to withhold $2.2 billion in federal funds from the school — but it has also led universities to take action to address the problem. 

Sharon Nazarian, an adjunct professor at UCLA and the vice chair of the Anti-Defamation League’s board of directors, said there is “no question” that “the national atmosphere of fear among university administrators for castigation and targeting by the [Trump] administration is also present” at UCLA and other University of California campuses.

“My sense is that being anti-Israel is not as much of the popular thing anymore,” Evan Cohen, a senior at the University of Michigan, said at a Wednesday webinar hosted by Hillel International for Jewish high school seniors. “On my campus, there are other hot topic issues. There might be more focus on what’s happening with U.S. domestic politics.” 

Rule-breaking student activists also face a heightened risk of law enforcement action. A dozen anti-Israel student protesters were charged with felonies this month for vandalizing the Stanford University president’s office last June. On Wednesday, local, state and federal law enforcement officials in Michigan raided the homes of three people connected to anti-Israel protests at the University of Michigan. Protesters’ extreme tactics  have scared off some would-be allies.

“I think some of the most activist students went too far at the end of last year with the takeover of the president’s office and a lot of pretty intense graffiti in important places on campus,” said Rabbi Jessica Kirschner, the executive director of Hillel at Stanford. “I think a lot of other students looked at that and said, ‘Oh, this is perhaps not where we want to be.’”

Students’ priorities shift each year, and other issues beyond Israel are also vying for their attention. Trump’s policies targeting foreign students are drawing ire from students at liberal universities, many of which have large populations of international students.

“My sense is that being anti-Israel is not as much of the popular thing anymore,” Evan Cohen, a senior at the University of Michigan, said at a Wednesday webinar hosted by Hillel International for Jewish high school seniors. “On my campus, there are other hot topic issues. There might be more focus on what’s happening with U.S. domestic politics.” 

But the lack of protests does not mean that campus life has returned to normal for Jewish students, many of whom still fear — and face — opprobrium for their pro-Israel views.

“It’s easy to avoid the protests but if you are an Israeli student or a Jewish student perceived to be a Zionist, you should expect to be discriminated against in social spaces at the university,” Rabbi Jason Rubenstein, executive director of Harvard Hillel, told JI. “That is the most powerful way students are impacted by all of this.”

Ken Marcus, founder and chairman of the Louis D. Brandeis Center for Human Rights Under Law, which since Oct. 7 has represented dozens of Jewish students in Title VI civil rights cases against their universities, said that campus-related lawsuits are only faintly slowing down this semester. 

“A lot of the staff and the administration think that, ‘OK, since there’s no protest outside, all the Jewish students must feel OK, and let’s put all this stuff that happened in the spring behind us.’ It’s really not the case,” said Or Yahalom, a senior at Northwestern University who was born in Israel. “That doesn’t mean that it’s all better for students. Jewish students are increasingly afraid to speak openly about their identity or connection to Israel, except in private, safe Jewish spaces.”

“Some campuses have been less intense than during last year’s historically awful period, but others have been bad enough,” Marcus told JI. “I believe that the federal crackdown, coupled with the impact of lawsuits and Title VI cases, has had a favorable impact at many campuses, but the problems have hardly gone away.”

Or Yahalom, a senior at Northwestern University who was born in Israel, recently attended a dinner with Northwestern President Michael Schill, who has faced criticism from Jewish Northwestern affiliates — including several members of its antisemitism advisory committee — for what they saw as the administration’s failure to adequately address antisemitism. 

“A lot of the staff and the administration think that, ‘OK, since there’s no protest outside, all the Jewish students must feel OK, and let’s put all this stuff that happened in the spring behind us.’ It’s really not the case,” said Yahalom. “That doesn’t mean that it’s all better for students. Jewish students are increasingly afraid to speak openly about their identity or connection to Israel, except in private, safe Jewish spaces.” 

Even without massive encampments, disruptive anti-Israel protests and campus actions have not gone away entirely, though they have been more infrequent this academic year. A Northwestern academic building housing the school’s Holocaust center was vandalized with “DEATH TO ISRAEL” graffiti last week. The office of Joseph Pelzman, an economist at The George Washington University who authored a plan calling for the U.S. to relocate Palestinians in the Gaza Strip and redevelop the enclave, was vandalized in February. The Georgetown University Student Government Association is slated to hold a campus-wide referendum on university divestment from companies and academic institutions with ties to Israel at the end of the month. Smaller-scale protests continue at Columbia, with students chaining themselves to the Manhattan university’s main gate this week to protest the ICE detention of ​​Mohsen Mahdawi and Mahmoud Khalil, two foreign students who had led protests last year. 

Leaders of the University of Michigan’s anti-Israel coalition held a sham trial for the university president and Board of Regents members in the middle of the Diag, the main campus quad, this week. The event took place without issue, and the activists left when it ended. 

“I wouldn’t want to say that it’s perfect,” said Acker, the Board of Regents member. “But it’s certainly much better than a year ago.” 

The school year isn’t over. Some students at Columbia are planning to erect another encampment this month, NBC News reported on Wednesday. 

But they’ll be doing so at an institution with new leadership, weeks after Columbia reached an agreement with the Trump administration, where the Ivy League university pledged to take stronger action against antisemitism to avoid a massive funding cut. The pressure on Columbia to crack down on any encampment will be massive.