"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,"
"We conclude Wax has failed to allege facts that show that her race was a factor in the disciplinary process and there is no cause of action under federal anti-discrimination statutes based on the content of her speech."
"They were negative and directed at protected classes. Criticizing minorities does not equate to advocacy for them or for white people. Her claim that criticism of minorities was a form of advocating for them is implausible."
A senior federal judge dismissed a lawsuit by tenured law professor Amy Wax challenging the University of Pennsylvania's disciplinary sanction. Wax had been suspended for the 2025–26 academic year on half pay after a long record of racist, sexist, xenophobic and homophobic remarks. Wax alleged the university discriminated by punishing her—a white Jewish woman—for speech about Black students while allegedly not disciplining pro-Palestinian faculty for speech endorsing violence against Jews. Judge Timothy Savage found no factual allegations showing race influenced the disciplinary process and ruled federal anti-discrimination laws do not create a cause of action based on speech content.
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