The University of Pennsylvania has decided to suspend Professor Amy Wax next year at half pay, despite the lack of evidence that she ever discriminated against any students or breached the confidentiality of any students. HxA finds Penn’s decision to be an egregious violation of Wax’s academic freedom. The University rests its decision on the claim that Wax:

"created an unequal learning environment in three distinct ways: (1) Professor Wax’s sweeping, blithe, and derogatory generalizations about groups by race, ethnicity, gender, sexual orientation, and immigration status; (2) her repeated breaches of the confidentiality of student grades; and (3) her repeated and persistent discriminatory and disrespectful statements regarding groups based on race, ethnicity, or other identity inside the classroom, in the law school setting, and in public."

Wax's statements may have been offensive to many in the academic community. But academic freedom cannot survive where professors cannot express controversial views on contested issues. As the Chicago Principles on Free Expression powerfully states:

"But it is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Although the University greatly values civility, and although all members of the University community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community."

In our society, the University plays a special role of being not just the home, but the sponsor of social critics. This is true even when critics question how the university itself functions or allege that groups of students are underperforming. Universities express their sponsorship with the promise of academic freedom. Over time, statements made by these critics may prove wise or foolish. By its very nature, the activity of these critics may be upsetting. But the reason Universities protect these critics' academic freedom is not to protect them from the anger of the society, or even that of the campus community. Rather, academic freedom is designed to protect professors from external pressures from those in authority, including those from the university itself.

Penn’s decision to disregard Wax’s academic freedom sets a precedent that undermines the ability of faculty across the country to speak on matters of public concern as they see fit.