A federal judge has dismissed the lawsuit brought by University of Pennsylvania Carey Law School professor Amy Wax against Penn as part of her longstanding battle contending that the University’s speech code violates civil rights law.
The decision — filed Aug. 27 in the United States District Court for the Eastern District of Pennsylvania — responded to Wax’s claims that Penn’s sanctions unfairly discriminate against her as a “White Jewish woman.” The Wednesday opinion, authored by senior U.S. district judge Timothy Savage, concluded that “Wax does not allege facts showing that she was discriminated against” and closes the door to further proceedings in the case.
“As much as Wax would like otherwise, this case is not a First Amendment case. It is a discrimination case brought under federal antidiscrimination laws,” Savage wrote. “It calls for us to determine whether offensive comments directed at racial minorities are protected by those laws.”
Savage added that the “anti-discrimination statues” cited by Wax “protect speakers, not speech.”
“Upon a closer look, her claim that Penn discriminated against her based on her race is based on the same argument she made about the content of her speech. She expressly claims that Penn treats the content of antisemitic speech differently than her speech,” the filing read. “Again, she focuses on the content of speech, not the speaker.”
A request for comment was left with Wax. A University spokesperson denied a request for comment.
Wax’s 53-page complaint — which she filed on Jan. 16 — contended that the University’s speech policy broke several federal laws. The lawsuit alleged that Penn violated Titles VI and VII of the Civil Rights Act of 1964, the former of which prohibits racial discrimination for programs that receive federal funding and the latter of which prohibits racial discrimination in employment.
The suit also alleged that Penn is in violation of the Americans with Disabilities Act by “failing to accommodate reasonably — or even minimally — Professor Wax’s then-ongoing cancer treatments,” as well as the University faculty contract that gives employees protection under the First Amendment.
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In response to Wax’s suit, the University Board of Trustees moved to dismiss the case in March, arguing that Wax failed to state and support her claims.
In June, Savage denied Wax a preliminary injunction in her lawsuit, concluding that “Wax will not suffer irreparable harm in the absence of a preliminary injunction.”
In her motion for an injunction, Wax alleged that the University’s actions harmed her “reputation and continue to violate her civil rights” under federal law. At the time, Savage wrote that Wax had failed to prove that the University’s actions led to imminent reputational harm.
