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\t\t\t\t\t\tPenn Carey Law professor Amy Wax filed an appeal of a federal judge\u2019s dismissal of her discrimination lawsuit against Penn.<\/p>\n
\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tCredit: Anna Vazhaeparambil<\/a> \t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n University of Pennsylvania Carey Law School professor Amy Wax has appealed a federal judge\u2019s dismissal of her discrimination lawsuit against Penn.\n<\/p>\n Wax\u2019s notice<\/a> of appeal\u00a0\u2014 filed on Sept. 26 \u2014 comes nearly one month after senior United States District Judge Timothy Savage granted<\/a> Penn\u2019s motion to dismiss her complaint, which contended that the University\u2019s speech code violates civil rights law. The U.S. Court of Appeals for the Third Circuit will hear the appeal.\n\t\t<\/p>\n The initial 53-page complaint<\/a>, which Wax submitted on Jan. 16 in the U.S. District Court for the Eastern District of Pennsylvania, alleged that Penn\u2019s speech policies and sanctions broke several federal laws. Wax\u2019s lawyers argued that the University violated Titles VI and VII of the Civil Rights Act of 1964, which prohibit racial discrimination within programs that receive federal funding and in employment, respectively.\n<\/p>\n A University spokesperson declined a request for comment. A request for comment was left with Wax\u2019s lawyer.\n\t\t\t\t<\/p>\n In his Aug. 27 opinion dismissing<\/a> the case, Savage wrote that \u201cWax does not allege facts showing that she was discriminated against.\u201d\n<\/p>\n \u201cAs much as Wax would like otherwise, this case is not a First Amendment case,\u201d Savage added. \u201cIt is a discrimination case brought under federal antidiscrimination laws. It calls for us to determine whether offensive comments directed at racial minorities are protected by those laws.\u201d\n\t<\/p>\n He continued that the federal statutes cited by Wax \u201cforbid discrimination based on the race of the speakers, not the racial content of their speech.\u201d\n<\/p>\n In response to Wax\u2019s suit, the University Board of Trustees motioned to dismiss the case in March, arguing that Wax failed to state and support her claims.\n<\/p>\n In June, Savage denied<\/a> Wax a preliminary injunction in the lawsuit, concluding that \u201cWax will not suffer irreparable harm in the absence of a preliminary injunction.\u201d\u00a0\n<\/p>\n In her motion for an injunction, Wax alleged that the University\u2019s actions harmed her \u201creputation and continue to violate her civil rights\u201d under federal law. At the time, Savage wrote that Wax had failed to prove that the University\u2019s actions led to imminent reputational harm.<\/p>\n The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation<\/a> to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn.<\/p>\n