Penn Carey Law professor Amy Wax files second suit against Penn, alleging academic freedom violations

University of Pennsylvania Carey Law School professor Amy Wax filed a second lawsuit against the University on Nov. 14.

The case — filed in Montgomery County court — came two months after a federal judge granted Penn’s motion to dismiss her first complaint. In the recent filing, Wax alleged that Penn violated her academic freedom by imposing disciplinary measures for her comments on race. 

Requests for comment were left with Wax and a University spokesperson. 

In the Friday complaint, Wax alleged that the University breached its contractual obligations in 2024 when it suspended her from teaching, revoked her named chair, and reduced her pay “based on statements she made on podcasts and in op-eds regarding affirmative action, immigration policies, and the relation between culture and economic advancement.”

The lawsuit further alleged that Wax’s statements were protected under Penn’s tenure rules. 

“By punishing Professor Wax for her public, extramural statements, Penn violated provisions of the Faculty Handbook,” the filing read, arguing that the University’s handbook only allows for tenured professors to be suspended for “‘a Major Infraction of University Behavior Standards,’ which is specifically limited to ‘actions,’ as opposed to speech or opinions deemed offensive.”

The suit argued that Wax endured significant damages after her suspension, including decreases in income and a loss of the ability to teach and mentor students.

The filing argued that the University’s disciplinary process violated several contractual promises, including by not allowing her to cross-examine witnesses during its investigation into her conduct. The complaint also claimed that the co-chair of the hearing board had an “undisclosed conflict” of interest. 

“Penn violated basic notions of procedural fairness promised in its Handbook and deprived Professor Wax of her contractual rights,” the filing read.

The suit asked the court to award her damages and overturn the University’s sanctions.

Earlier this year, a federal judge concluded that Wax’s lawsuit did not “[show] she was discriminated against” and closed 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,” the Aug. 27 opinion read. “It calls for us to determine whether offensive comments directed at racial minorities are protected by those laws.”

In September, Wax appealed the court’s decision, arguing that Penn’s speech policies and sanctions violated Titles VI and VII of the Civil Rights Act of 1964, which prohibit racial discrimination within programs that receive federal funding and in employment, respectively.

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