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. 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 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.

[It would do more than just send that signal. It would in one fell swoop contradict the only purpose for tenure at all. It only exists to protect professors and teachers from consequences of their political speech — even if it used too often to protect them from the consequences of their on-the-job actions. If Wax has her tenure stripped over these comments, then Penn might as well eliminate tenure altogether. It will only be a mirage at that point — and every professor on campus will know it. — Ed]