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Harvard subpoenas communications between Shabbos Kestenbaum and Aish in antisemitism lawsuit.
"Rather than addressing the substantive issues of antisemitism on campus, Harvard seems intent on using stall tactics and building their own investigation into those who have brought these problems to light and are attempting to hold them accountable," said CEO of Aish, Rabbi Steven Burg in response to Harvard University’s subpoenas for communications between their shared former student, Shabbos Kestenbaum, and Aish regarding the documentary film "Frontline Warriors."
The documentary film, which was produced by Aish, chronicles Kestenbaum’s fight against antisemitism at Harvard, as well as the fight of Eden Yadegar at Columbia and Eli Tsives at UCLA.
This legal action comes in the wake of ongoing litigation initiated by Kestenbaum, who continues to pursue accountability from Harvard after several co-plaintiffs settled their claims earlier this year. “The university's decision to target communications related to the documentary raises serious concerns about academic freedom and the right to document civil rights struggles on campus,” Rabbi Burg continued.
"The attempt to access private communications between Mr. Kestenbaum and our organization appears to be an effort to eliminate free speech and legitimate advocacy work."
The subpoena was issued shortly before Harvard initiated litigation against the current U.S. government administration.
Kestenbaum, an alumnus of both Aish in Jerusalem and Harvard, has emerged as a leading voice against campus antisemitism. His ongoing lawsuit seeks to ensure Harvard fully implements promised reforms, including the adoption of the International Holocaust Remembrance Alliance's (IHRA) definition of antisemitism, as well as hold the university and its leadership accountable for their actions in allowing Jewish students to be harassed, threatened, excluded, and penalized on its campus.
“I am very proud of my time learning at Aish and of our continued partnership,” said Kestenbaum. “Harvard's subpoena of Aish, my previous place of study, while intending to be threatening, only reinforces how important it is to support Jewish education and the critical work that Aish does in ensuring the Jewish future. The documentary we created together provides essential context for understanding the challenges Jewish students continue to face, and Harvard's reaction only underscores why this story needs to be told."
Frontline Warriors is a new documentary that sheds light on the rising tide of antisemitism on University campuses across the United States. The documentary gives a window into this pervasive issue by following the story of three Jewish student leaders at Harvard, Columbia, and UCLA, who faced and stood up to the Jew hatred on their campuses. The film chronicles their courageous stand against hatred, and touches on the roots of antisemitism and underscoring that this prejudice is far from new.
Global Spokesperson and Chief Communications Officer for Aish, Jamie Geller, who was one of the film’s producers, said, “The documentary ‘Frontline Warriors,’ which features Kestenbaum's advocacy efforts, together with those of Eden Yadegar (Columbia) and Eli Tsives (UCLA), will proceed with its scheduled screenings despite the legal pressure. Aish maintains that the film represents protected speech and serves an important educational purpose in documenting contemporary civil rights issues.”
Kestenbaum is currently running for the World Zionist Congress on the Aish Ha'am slate, bringing his experience as an advocate for Jewish students to the international stage.
Go to www.aish.com/vote/aishcom to vote. You can also find an opportunity on the website to become an ambassador, actively joining in our efforts.
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It’s standard practice for litigants to subpoena relevant communications by their opponents. I am disgusted by the anti-semitism at Harvard and other campuses, but it’s incorrect to suggest that requiring opposing parties to turn over documents is an attempt to quell freedom of speech. Mr. Kestenbaum has the same right to subpoena Harvard’s communications with its supporters.
Did any Jewish students film what was happening, to them in some way to use this footage as evidence? The Jewish students have to find away that the film should be seen, usually people make copies of pictures, and also people should make lots of copies of this film, why can't this film be shown in Jewish house of worship, Jewish centers, Orthodox Rabbis, Killers, Chabad, all places Jews go to should see this film, when it was a similar atmosphere in Nazi( may their name be erased) Germany in 1930s/ 1940s they would not a film of that shown either, I can't believe this happened in my lifetime at least my mom( obm) a Holocaust Survivor( obm) was not alive to witness such anti semitism again after the Holocaust
cont to these lawyers help fight their case, this program was used before by Jewish students and I think they successfully won cases, the ZOA have a bunch of lawyers helping Jewish students fight anti semitism on campus I think it is for free
It is not new that Harvard is anti Semitic they had Nazis( may their name be erased) or their sympathies in the college a while back, also Ivy league colleges had a quota how many Jews they let into the colleges, the atmosphere in colleges and universities recently were like we were in a time warp and in 1930s/ 1940s in Nazi( may their name be erased) Germany, was there footage of the attacks on Jews how they were harassed or worst, this can be included as evidence to help make the case the against Harvard, I read Jewish students went to places that were save they must of told Rabbis and others what was happening there, also the organization Zionists of America have lawyers there to defend students, maybe the Jewish students can use these lawyers which I think for free, to help fight
I cannot vote from Europe,had it been possible I would have.So,next time,include the rest of the globe.Best of luck.
I agree with Peter, this is a very routine procedure, and evidence has be revealed in Discovery. This is not like the movies where at the last minute you can surprise the other side. Often, if it has not been submitted in Discovery it is inadmissible, because the other party has to have time to review the evidence and be able to respond. The advantage to Discovery for Aish is that anything they submit is now in the record; meaning that Harvard cannot cover it up. If you are in the right, then Discovery is not a problem. It can be to your benefit, as you can reveal evidence that can pressure the other side to negotiate. Harvard may be trying to create undue duress as too many subpoenas can require a lot of expenditure and delays, but in this case, I think, Aish should welcome it.
Thus is a normal discovery request in litigation Harvard did not initiate. The comments miss the context and are inappropriate. In fact, litigators are ethically obliged to ascertain evidence to prepare for trial. That is all that is happening here. To treat this routine discovery request as somehow a stall is inaccurate.