I’ve been meaning to call attention to the University of Pennsylvania law school’s effort to revoke law professor Amy Wax’s tenure, but haven’t found the time. So I’m eager to highlight this excellent Free Beacon article by Aaron Sibarium. An excerpt:
Since January 2022, Penn has been trying to sanction Wax—potentially by revoking her tenure and dismissing her—for statements the law school alleges violate its anti-discrimination policies. The case is testing the argument, aired by one of Wax’s colleagues, that a professor’s academic views can be so “offensive” that they “undercut” her ability to teach students and provide a “good case for termination.”
Wax’s views are undeniably controversial. She said in a 2017 interview that black law students “rarely” finish in the top half of their class. [EW: If Wax is wrong on this, why doesn’t Penn just release data that shows she is wrong?] She has argued that black poverty is self-inflicted and, in the context of immigration policy, expressed a preference for “fewer Asians,” citing their “indifference to liberty” and “overwhelming” support for Democrats. She even invited Jared Taylor, a self-described “white identity” advocate, to speak to her class on conservative thought, saying his views were “well within the subject matter of the course.”
But tenure is intended to protect provocative speech. It came about in the 1920s after many professors were fired for endorsing then-controversial ideas like evolution, atheism, and free love. Robust job security meant academics could speak and teach freely about charged subjects, even if doing so was considered blasphemous.
That’s why Wax’s case has raised alarm about the future of academic freedom and the power of tenure to protect it. Unlike Princeton University’s Joshua Katz, whom the school sacked ostensibly [EW: and only ostensibly] over his consensual relationship with a former student, Wax is under the microscope only for what she’s said. Her dismissal would set a new precedent, signaling that tenured professors can be booted for airing views that students or administrators deem offensive.
“This is a game-changer, because it’s a pure case of speech,” Wax told the Free Beacon. “If they succeed in punishing me for that, it will eviscerate academic freedom as we know it.”
Faculty across the political spectrum echo that warning. Wax’s defenders include the conservative Princeton professor Robert George and the liberal Harvard Law professor Janet Halley, both of whom say Penn is playing with fire. “Statements on issues of law and public policy”—and the act of “inviting a controversial speaker” to class—are “unquestionably protected by academic freedom,” Halley wrote in July on behalf of the Academic Freedom Alliance, a nonprofit that defends faculty speech rights.
George, who cofounded the alliance, said that punishing Wax for either would have a chilling effect. “The message to faculty and students alike will be clear,” he said. “You had better not defy the campus orthodoxies, because if you do, the consequences could be severe.”
Read the whole thing.