Penn Carey Law professor Amy Wax sues University for racial discrimination, breach of contract

University of Pennsylvania Carey Law School professor Amy Wax has sued the University in challenge of Penn’s speech policies, alleging that they are racially discriminatory and violate core principles of the First Amendment.

In the 53-page lawsuit, which was filed with the United States District Court for the Eastern District of Pennsylvania on Thursday morning, Wax alleged that the University’s speech policy breaks several laws — including Titles VI and VII of the Civil Rights Act of 1964, which prohibit racial discrimination by federal fund recipients and employers. The suit also alleges that Penn is in violation of the Americans with Disabilities Act by “failing to accommodate reasonably—or even minimally” Wax’s then-ongoing cancer treatment as well as the University faculty contract that gives employees protection under the First Amendment.

In response to a request for comment, a University spokesperson told The Daily Pennsylvanian that they typically do not offer comment on pending litigation. A request for comment was left with Wax’s lawyer.

The suit mainly disputes sanctions that the University placed on Wax and upheld in September 2024 following her history of discriminatory remarks and two years of disciplinary proceedings. The sanctions included a one-year suspension at half pay, the removal of her named chair, and a requirement for Wax to note in public appearances that she is not speaking on behalf or as a member of Penn Carey Law.

The lawsuit describes the sanctions — which are referred to as “kangaroo-court-like procedures” — as “grossly deficient and a wild departure from established norms governing academic discipline” and accuses the University’s speech policies of discriminating based not only on the content of speech “but also the racial identity of the speaker.”

“White speakers are far more likely to be disciplined for ‘harmful’ speech while minority speakers are rarely, if ever, subject to disciplinary procedures for the same,” the suit reads.

The lawsuit goes on to name several other members of the University faculty who have spoken out contentiously over the past year, accusing Penn of enforcing a “double standard.”

Annenberg School for Communication lecturer and cartoonist Dwayne Booth — who publishes political cartoons under the pen name Mr. Fish — is named in the lawsuit in reference to his controversial cartoons about Israel, President Joe Biden’s stance on the Israel-Hamas war, pro-Israeli figures, and Prime Minister of Israel Benjamin Netanyahu, including one that the lawsuit refers to as “literal Blood Libel.”

The suit emphasizes that while Penn criticized Booth for his cartoons, the University “has taken no steps to initiate disciplinary proceedings against him.”

Other faculty members mentioned in the suit include Penn Arabic Language lecturer Ahmad Almallah, who made contentious statements about Israel at a pro-Palestinian rally, and English and Cinema and Media Studies professor Julia Alekseyeva, who posted seemingly supportive comments on social media regarding the actions of 2020 Engineering graduate Luigi Mangione, who is charged with the murder of UnitedHealthcare CEO Brian Thompson.

The lawsuit comes after Wax’s lawyers sent a letter to Interim Penn President Larry Jameson and the University Board of Trustees on Dec. 12 threatening legal action against the University in response to the sanctions placed against Wax on the basis of racial discrimination.

While the letter is signed by Jason Torchinsky from the firm Holtzman, Vogel, Baran, Torchinsky & Josefiak — titled “Counsel for Professor Amy Wax” — the attorney listed on the civil cover sheet for the lawsuit is Caleb Acker from the same firm.

The September sanctions — which were approved by former Penn President Liz Magill — marked the first time in recent history that a tenured University professor was sanctioned through Faculty Senate procedures. 

Wax’s history of discriminatory statements has included her claiming that Black students never graduate at the top of the Penn Carey Law class and that “non-Western groups” are resentful towards “Western people.” Wax has also faced criticism for hosting white nationalist Jared Taylor for a guest lecture and allegedly telling a Penn Carey Law student that she was only accepted into the Ivy League “because of affirmative action.”