Penn is motioning to dismiss the lawsuit alleging “McCarthyism” filed by a group of faculty members last month.
On April 3, Seth Waxman – the lawyer representing the University — requested a pre-motion conference in anticipation of Penn's motion to dismiss. In a letter to Judge Mitchell Goldberg, Waxman states the case should be dismissed because the plaintiffs failed to identify "concrete and certainly impending injuries" and therefore lack legal standing. One of the plaintiffs in the suit filed a response letter to prevent dismissal on April 9.
Waxman and a University spokesman declined requests for comment.
Associate Professor of Arabic Literature Huda Fakhreddine and History and Africana Studies Professor Eve Troutt Powell filed the lawsuit on March 9 in conjunction with Penn Faculty for Justice in Palestine, a collective of Penn faculty who say they are standing in solidarity with Palestinians.
The faculty alleged that Penn is following a pattern of "McCarthyism" by preventing speech in opposition to Israel, and that efforts to investigate the University over alleged antisemitism on campus have threatened professors' academic freedom.
Fakhreddine and Powell did not respond to requests for comment.
Waxman's letter asserts that complaints relying on “allegations of possible future injury” or on a “highly attenuated chain of possibilities” do not meet the standards required by the law. Waxman says that PFJP lacks this legal standing because they fail to outline “specific allegations" revealing that at least one identified member "has suffered or will suffer harm."
Additionally, Waxman claims that the plaintiffs fail to prove that there was a breach of contract, asserting that the plaintiffs “vaguely reference unspecified contracts, student and faculty manuals, Penn’s webpages, and statements by unnamed individuals." He also argues for dismissal of the Plaintiffs' claims under the First and Fourteenth Amendments of the U.S. and Pennsylvania Constitutions.
On April 3, Fakhreddine filed a response letter to prevent dismissal.
In the letter, Fakhreddine, who is represented by the Law Firm of Shahily Negron, asserts that Penn’s claims regarding a lack of legal standing hold “no merit” and are “nonsensical."
According to the letter, the ongoing disclosure of information in antisemitism-related investigations will cause the plaintiffs to continue to receive a “barrage of death and rape threats and hate speech” that could cause “irreparable harm” if not stopped.
The plaintiffs also allege that if Penn continues to provide record to the Committee on Education and the Workforce, they will continue to be “victims of doxxing, threats, and harassment.” They say that Penn has breached its contract by violating the faculty handbook through the submission of documents and "suppress[ion] of academic freedom."
These motions are the latest in the University's ongoing legal battles. Last week, Penn filed a new motion to dismiss a separate lawsuit alleging a failure to combat antisemitism on campus.
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