Penn Carey law professor Amy Wax accuses Penn of ‘private censorship’ during free speech discussions

Amy Wax, a professor at the University of Pennsylvania Carey Law School, criticized Penn for engaging in “private censorship” during a lecture hosted by former American Civil Liberties Union President Nadine Strossen on November 6 by the Government and Politics Association.

Strossen’s lecture at the Perelman Center for Political Science and Economics, titled “Free Speech: Rights and Wrongs,” focused on historical and modern controversies related to free speech on college campuses, including Penn. The event attracted more than 20 students and faculty and was held in partnership with a nonprofit media organization Free to choose networkthe Penn Alumni Free Speech Alliance, Vote for freedomand the Andrea Mitchell Center for the Study of Democracy.

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Wax spoke during the question and answer portion of the lecture about the state of free speech at private universities like Penn.

Was currently approved by the university for comments that were “serious violations of university standards and policies,” A said Letter from June 2023 of the hearing assigned to her case. The Daily Pennsylvanian previously reported that the sanctions recommended by the hearing committee include a one-year suspension at half pay, the removal of Wax’s appointed chair and summer salary, and a requirement for Wax to note during public appearances that she is not speaking on behalf of or as a member by Penn Carey Speaks Law.

After attendees asked Strossen questions about the legal implications of hate speech and the protection of those targeted by offensive language, Wax asked her question. She began by paraphrasing John Stuart Mill’s book “On Liberty,” which discusses the distinction between official government censorship and informal “social exclusion.”

“We now have private universities that are essentially canceling people whenever they feel like it,” Wax said. “And it’s not just me… but hundreds of people across the country, and it’s very hard to imagine how to get them on track.”

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She then described an alleged conversation that took place “about a year ago” between her attorney and Penn’s Assistant General Counsel about the university’s relationship to free speech.

‘The assistant general said, ‘We can do anything we want. We can contradict ourselves. We can embrace freedom of speech in our speech, but violate it when we feel like it, we can lie, we can misrepresent,” Wax said, describing the conversation.

A university spokesperson wrote in a statement to the DP that Wax’s statement is “absolutely untrue.”

Wax declined to comment to the DP during the event.

In response to Wax’s question, Strossen noted that while private institutions like Penn are not bound by the First Amendment, Penn making a promise or statement to protect the free speech rights of students and faculty is a can create a contractual obligation.

“One type of lie that is punishable is a fraudulent statement – ​​an intentional or reckless false statement that you make to someone with the intention that he or she will rely on it,” Strossen said.

Strossen served as president of the ACLU for 18 years and currently serves on its advisory board, as well as the boards of Academic Freedom Alliance, Heterodox Academy and the National Coalition Against Censorship. She is currently working with Free To Choose Network on “Free to speak”, a documentary series that also focused on issues related to freedom of expression.

Strossen is also a senior fellow at the Foundation for Individual Rights and Expression, which ranked Penn fourth worst university in the country for campus free speech status in September.

Freshman Tony Kim said Wax’s appearance at the event made the conversation “more dynamic,” but that Penn acted within its authority to sanction her.

“Because this is a private institution, the Penn administration can censor that speech,” Kim said. “The Penn board actually represents the views of the Penn community.”

Strossen told the DP after the event that, as she has read, university administrators are “pillorizing” Wax by punishing her for comments made beyond her academic capacity.

“I say this because Penn, even though it is a private institution not directly bound by the First Amendment, has pledged to adhere to the principles of the First Amendment,” Strossen said.

She admitted that recent allegations against Wax have accused her of directly targeting students, which would justify the sanctions. However, Strossen said she finds these allegations suspicious, saying that complaints have been made about Wax’s statements for “years” but that formal claims of harassment have only recently come to light.

Strossen added that she is “so grateful that there are student organizations here that are interested in promoting freedom of expression.”