Amy Wax sues Penn, claiming a ‘racially discriminatory’ speech policy led to her suspension

University of Pennsylvania law professor Amy Wax, who was sanctioned in September for what Penn called “years of flagrantly unprofessional conduct,” has sued the school, alleging in the federal complaint that its speech policies are “racially discriminatory” and “violate core principles of the First Amendment.”

The controversial professor — who questioned Black students’ academic ability, invited white nationalist Jared Taylor to her classroom, and said the United States would be better off with fewer Asian immigrants — was suspended for a year, among other sanctions, after a five-member board of tenured faculty found that Wax committed a “major infraction” and had a history “of sweeping, blithe, and derogatory generalizations about groups by race, ethnicity, gender, sexual orientation, and immigration status.”

Wax vowed to stay at Penn but called the allegations “totally bogus.”

» READ MORE: The Amy Wax case explained: Here’s what preceded the controversial law professor’s university sanctions

On Thursday, she filed a federal lawsuit in the Eastern District of Pennsylvania accusing Penn of sanctioning her after a “kangaroo-court-like” process, and calling the university’s speech policies racially discriminatory. The complaint says that Penn breached its contract with Wax and violated civil rights law.

Wax is asking a federal judge to find Penn’s speech policy illegal under federal antidiscrimination law and the First Amendment and to vacate the sanctions against her.

Wax’s attorneys did not respond to requests for comment. Penn declined to comment.

The lawsuit says that Penn has been “fixated” with Wax’s 2017 comment that she didn’t think she had ever seen a Black student graduate in the top quarter of the class at Penn Law and “rarely, rarely in the top half.” Former Penn law school dean Theodore Ruger later said Wax’s statements were inaccurate, but Wax’s lawsuit said that she never received evidence that she was wrong.

The lawsuit contrasts her comments and discipline with statements by faculty and guest speakers about Israel, such as a professor calling for an “intifada revolution.”

“Under [Penn’s speech] policy, some racial and ethnic groups — such as Jews — can be criticized with absolute impunity. … But when the speech at issue concerns a group higher up the University’s intersectionality pyramid, such as African Americans, the University’s putative commitment to free speech quickly vanishes,” the complaint said.

Wax also accuses Penn of not taking disciplinary action against an English and cinema professor who posted on social media in support of Luigi Mangione, the Penn graduate charged with killing UnitedHealthcare CEO Brian Thompson. (Jeffrey Kallberg, deputy dean of the School of Arts and Sciences, condemned the comment in a statement.)

In arguing that Penn’s speech policy discriminates against Jews, the complaint cites Gov. Josh Shapiro’s statement that Penn “lost its way” in response to antisemitism on campus.

Wax also argued that the disciplinary process was flawed, and that the university’s report on her conduct attributed to Wax beliefs she never endorsed.

For example, Wax says that she didn’t endorse the views of Taylor, the white nationalist who spoke in her class, and that Penn approved his appearance and reimbursed the expenses of his visit.

And the complaint says that Penn violated the Americans with Disabilities Act when it failed to accommodate Wax’s request to postpone the internal proceeding against her because of her cancer treatment.

The lawsuit is the latest turn in the yearslong saga that involved the launch of the investigation against Wax in January 2022, following her remarks about Asian immigrants.

Penn has previously condemned remarks by Wax, and in 2018 removed her from teaching mandatory classes. The university faced calls over the years from Penn Law community members, as well as lawmakers, to sanction the professor.

» READ MORE: Lawmakers call for Penn to revoke professor’s tenure after racist comments: ‘We do not stand for hate speech’

A Penn hearing board recommended sanctions against Wax in June 2023 after hearing testimony from both sides, students, alumni, faculty, and experts.

The five-member board made up of tenured faculty unanimously decided Wax “committed a major infraction of the University’s behavioral standards,” according to an August 2023 letter from former Penn president Liz Magill explaining why she upheld the decision.

The sanctions against Wax include: a one-year suspension at half pay with benefits intact, a public reprimand issued by university leadership, the loss of her named chair and summer pay, and a requirement to note in her public appearances that she is not speaking for or as a member of the Penn Carey Law school or Penn.

Wax appealed the decision and Penn’s Senate Committee found in September that proper procedures were followed.

The suspension is scheduled to take effect for the 2025-26 school year.

Staff writer Susan Snyder contributed to this article.