"As much as Wax would like otherwise, this case is not a First Amendment case. It 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. ...[But] the anti-discrimination statutes protect speakers, not speech."
Full text of federal judge Savage's opinion in his dismissal of Prof. Wax's discrimination claims against #Penn: https://storage.courtlistener.com/recap/gov.uscourts.paed.632266/gov.uscourts.paed.632266.55.0.pdf