Amy Wax's Lawsuit Flew Too Close To The Sun, Melts In Shimmering Ball Of Disaster - Above the Law

"The Penn Law professor had sued the school after it imposed altogether minor sanctions on her following a finding of "flagrant unprofessional conduct." That outcome followed literally years of unprofessional behavior: from baselessly insulting Black graduates to inviting white nationalists to campus. Rather than accept the penalty - which did not take away her tenure or job - Wax filed a lawsuit claiming the school was discriminating against her as a White Jewish woman"

"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. It calls for us to determine whether offensive comments directed at racial minorities are protected by those laws. Having considered Penn's motion to dismiss the Amended Complaint for failure to state a cause of action, we conclude Wax has failed to allege facts that show that her race was a factor in the disciplinary process"

"When Wax first filed her complaint, we pointed out that the First Amendment doesn't get people out of hostile work environment allegations. For his part, Judge Savage already tried to impress upon Wax that the First Amendment claims weren't going to fly when she tried to have her sanctions enjoined. So today's opinion shouldn't come as a surprise to any but the most delusional observer."

Amy Wax, a Penn Law professor, sued the University of Pennsylvania after the school imposed minor sanctions following a finding of "flagrant unprofessional conduct." The conduct included years of offensive behavior, such as insulting Black graduates and inviting white nationalists to campus. Wax alleged discrimination as a White Jewish woman and invoked First Amendment protections. The federal court concluded the case was a discrimination matter, found Wax failed to allege race as a factor in the disciplinary process, and held there is no federal antidiscrimination cause of action based on speech content. The court dismissed the federal claims and declined supplemental jurisdiction over state claims.

Read at Above the Law