The University of Pennsylvania has suspended tenured law professor Amy Wax for one year, igniting a debate over academic freedom and free speech, and the suspension is part of a broader disciplinary action stemming from comments she made about Black students' academic performance.
Penn announced Tuesday that Wax would be suspended for the 2025-2026 academic year, citing “years of flagrantly unprofessional conduct” and imposing several other sanctions, as Just the News reports.
The sanctions include a reduction in Wax's pay, the removal of her named chair at the law school, and the permanent loss of her summer pay. Additionally, Wax is required to make clear during any public appearances that she is not speaking on behalf of Penn or its law school.
Wax's suspension is not the first disciplinary action she has faced. Six years ago, she was sanctioned by the University of Pennsylvania for making false statements about the academic performance of Black students. Her recent punishment comes in the wake of years of scrutiny over her controversial public remarks.
The law professor first faced widespread backlash in 2017 when she published an op-ed praising “bourgeois values.” More recently, Wax made comments during a podcast about the academic performance of Black students, which reignited student protests and criticism from the university administration. Despite this, the university has not provided any concrete evidence of Wax discriminating against students. Her supporters argue that her suspension represents a serious threat to academic freedom.
The suspension of Wax has set the stage for a potential legal battle. Prominent voices, including Adam Kissel and Robert George, have expressed confidence that Wax will file a lawsuit against the university and ultimately prevail in court.
Paul Levy, a former trustee of Penn, resigned in 2018 in protest of the initial sanctions against Wax. His departure drew attention to what some see as a double standard in how the university handles controversial speech. While Penn maintains that it followed the appropriate disciplinary process, critics argue that Wax's case illustrates a bias against conservative faculty members. Free speech groups have condemned the university’s actions, saying that the punishment sets a dangerous precedent.
Those who oppose the suspension of Wax point to other instances at Penn where faculty members have faced no sanctions for controversial statements or actions. For example, Arabic literature professor Huda Fakhreddine invited a speaker with connections to a terrorist organization and celebrated attacks by Hamas, but faced no consequences.
Similarly, lecturer Dwayne Booth, known for producing provocative cartoons, was invited back to teach despite the controversial nature of his work. This inconsistency in handling speech has fueled accusations of double standards at Penn. Rep. Virginia Foxx has been particularly critical of the university, accusing it of selectively punishing speech that it disagrees with, while allowing other professors to go unchecked.
The Foundation for Individual Rights and Expression has also weighed in, warning that Penn’s actions could harm academic freedom nationwide. Alex Morey, a representative of the group, suggested that universities across the country could now follow Penn’s example, resulting in further restrictions on controversial speech. In contrast, University spokesperson Ron Ozio defended the decision, stating that the faculty committee on academic freedom determined that the appropriate process had been followed in Wax’s case. However, Wax’s supporters remain skeptical. Former Dean Ted Ruger, who initially raised concerns about Wax’s comments regarding black students' academic performance, eventually dropped the claim in 2022. Nonetheless, Provost John Jackson, who issued the final reprimand, acknowledged that while Wax had not made false claims, her conduct was damaging to the university community.
Amy Wax’s future at Penn remains uncertain as she weighs legal options. Her hostility toward the media and refusal to comment on the situation has only added to the controversy. Through her lawyer, she has declined requests for statements about her suspension.
The broader debate over free speech and academic freedom at elite universities shows no signs of subsiding, with many predicting that the Wax case could become a landmark legal battle in the fight for faculty rights. As this story unfolds, Penn faces growing pressure from both free speech advocates and critics of Wax’s rhetoric. For now, her suspension marks another chapter in a contentious career marked by controversy and debate over the limits of academic expression.
