A judge denied Amy Wax a preliminary injunction on June 23 in her case involving sanctions Penn placed against her.
Credit: Jesse Zhang
A United States district judge has denied University of Pennsylvania Carey Law School professor Amy Wax a preliminary injunction in her ongoing lawsuit against the University, which alleges that the sanctions Penn levied against her are racially discriminatory and violate core principles of the First Amendment.
The opinion — filed June 23 in the U.S. District Court for the Eastern District of Pennsylvania — came after Wax filed a motion in March seeking a preliminary injunction to prevent the University from implementing her suspension for the 2025-26 academic year and to restore her named chair position at Penn Carey Law. Following oral arguments on June 16, the court concluded that “Wax will not suffer irreparable harm in the absence of a preliminary injunction.”
“Wax fails to link the sanctions to any clearly defined, non-monetary harm,” Judge Timothy Savage wrote in his opinion. “Because she has not met her burden on the threshold factor of irreparable harm, we need not address the remaining factors in the preliminary injunction analysis.”
In her motion for an injunction, Wax alleged that the University’s actions harm her “reputation and continue to violate her civil rights” under federal law. Savage wrote that Wax had failed to prove that the University’s actions led to imminent reputational harm.
“What effect the sanctions may have on her reputation has already occurred,” he wrote. “She has been publicly disciplined and reprimanded. The sanctions have been publicized. Her suspension was announced. An injunction will not erase that record.”
Savage added that despite Wax’s request to “prohibit Penn from disciplining her in the future,” such action is “speculative” and “not imminent.”
In response to a request for comment, a University spokesperson told The Daily Pennsylvanian that it typically does not offer comment on pending litigation. A request for comment was also left with Wax’s lawyer.
Wax’s initial 53-page complaint — filed on Jan. 16 — contended that the University’s speech policy broke several federal laws. The lawsuit alleged that Penn violated Titles VI and VII of the Civil Rights Act of 1964, the former of which prohibits racial discrimination for programs that receive federal funding and the latter of which prohibits racial discrimination in employment.
Wax’s complaint primarily disputed sanctions that the University placed on Wax and upheld in September 2024, following her history of discriminatory remarks and two years of disciplinary proceedings.
After receiving reports from students, faculty, and staff regarding Wax’s public remarks, Penn Carey Law’s dean initiated the process for disciplinary action — including a hearing — as prescribed in Penn’s Faculty Handbook.
The suit also alleged that Penn violated the Americans with Disabilities Act by “failing to accommodate reasonably—or even minimally—Professor Wax’s then-ongoing cancer treatments,” as well as the University faculty contract that gives employees protection under the First Amendment.
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Following the hearing, former Penn President Liz Magill reviewed the produced report and accepted the recommended sanctions, which included a one-year suspension at half pay, the removal of Wax’s named chair, and a requirement for Wax to note in public appearances that she is not speaking on behalf of Penn Carey Law.
In response to Wax’s suit, the University Board of Trustees moved to dismiss the case, arguing that Wax failed to state and support her claims.
“We reiterate that this is not a First Amendment case. It is a breach of contract case,” Savage wrote. “Wax’s efforts to characterize it otherwise are of no avail.”
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