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Judge Dismisses Amy Wax’s Discrimination Suit Against Penn

The court said federal antidiscrimination law governs the case and protects speakers rather than the content of their remarks.

Overview

  • U.S. District Judge Timothy J. Savage ruled that Wax failed to allege facts showing her race was a factor in Penn’s disciplinary process.
  • The opinion rejected Wax’s bid to frame the case as a First Amendment dispute, calling it a discrimination action under federal statutes.
  • Penn’s sanctions remain in place, including a one-year suspension at half pay for the 2025–26 academic year, a public reprimand, loss of her named chair, and elimination of summer pay.
  • The judge said Wax’s comparisons to other faculty were legally insufficient because they targeted the content of others’ speech rather than discriminatory treatment of the speakers.
  • While closing the door on the discrimination counts, the court left room for limited non-discrimination claims, including breach of contract and false light, to be pursued later.