Good news—‘List of Jews’ subpoena dropped! 

On April 13, 2026, the University of Pennsylvania appealed a federal court ruling ordering the university to comply with an EEOC subpoena seeking identifying information about Jewish employees and Jewish-affiliated campus communities. Penn argued that forced compliance would cause “irreparable harm” because of the privacy and First Amendment rights at stake. The judge put the  disputed subpoena requirement on hold while the case played out in court. 

Last week, the EEOC and Penn reached an agreement that appears to protect the privacy of Penn employees and student workers. As per a July 27, 2026 court filing, the “EEOC warrants that it will not take any further measures to enforce the subpoena seeking identification and personal contact information of employees of the University of Pennsylvania.” In return, Penn has dropped its appeal against the EEOC. The court filing also stipulates that “that each party shall bear its own costs and attorney’s fees.” 

The EEOC dropped its subpoena demands following deep backlash from the Penn community and elsewhere. Public pressure works!

Take Action: Urge Penn to restore open expression on campus

Penn has been trying to push through a troubling new “open expression” policy under the radar. The policy is still a draft, but the administration is trying to pass the policy early in the fall 2026 semester.

Use the button below to email Provost, Dr. John L. Jackson, Jr. and President J. Larry Jameson and voice your concerns.

What’s in the proposed new open expression policy?

The new rules would:

  • Permanently restrict political speech without administration approval;
  • Hand discipline decisions to a new Executive Director, who answers only to the Provost; and
  • Potentially punish students, faculty, and staff for what they post on social media.

The old system had a safeguard: an independent Committee on Open Expression, appointed by the Faculty Senate with faculty, student, and staff representation. It interpreted the rules, updated them with community input, and reviewed discipline cases. The new draft strips away this committee’s power and gives it to one Provost-appointed staffer.

The revision process used by Penn was secretive from day one. University policy required feedback sessions in relation to the newly-drafted guidelines, but these happened only after students and faculty pushed hard for them — and then the President, Provost, and Task Force members skipped them entirely. Alumni were shut out here, too.

The result is far more restrictive than what came before. The old rules named a short list of violations and let the independent Committee interpret them case-by-case.  The new rules are rigid and bureaucratic in ways that don’t serve students’ growth as engaged citizens. Event and protest permissions are now harder to get. New social media rules ban livestreaming campus events and regulate speech both on and off campus.

Alumni Email template

The button above provides an email template for alumni, pre-addressed to Penn’s president and provost. Simply add your name and Penn graduating class and hit send. Done! Or feel free to edit or add your personal concerns about Penn’s open expression guidelines. Either way, your voice matters!

Problem using the button?

Click here to write and paste text in your email message

Email addresses:
  Dr. John L. Jackson, Jr., provost@upenn.edu
  J. Larry Jameson, president@upenn.edu

Subject: Restore real open expression on campus

Dear [President Jameson / Provost Jackson],

I’m writing to express my concern about the crackdown on free expression at Penn.

I urge the university to restore the speech protections in place before 2024, and to bring back the independent Committee on Open Expression as the first line of response on conduct issues.

Please end the Temporary Standards now and return to the guidelines that served Penn well for fifty years.

Don’t shortchange today’s students on free speech and civic engagement. The years ahead will bring real chances for public debate — Penn voices shouldn’t be silenced during this critical moment in our nation’s history.

Sincerely,

[NAME]
Class of [YEAR]

Troubling Proposed Changes to Penn Open Expression Guidelines

This article was written and submitted by
Carolyn Marvin, Frances Yates Professor Emeritus of Communication
Diana Mutz, Samuel A. Stouffer Professor of Political Science and Communication
Robin Pemantle, Christopher H. Browne Distinguished Professor of Mathematics

The Guidelines on Open Expression are a Penn institution going back some 50 years. They were established to protect the speech of students and other Penn community members at events, meetings and peaceful demonstrations. They have seen the community through conflicts such as Vietnam, Fossil Fuel Penn and divestment demands.

In response to the peaceful Spring 2024 demonstrations, the University suspended the Guidelines and replaced them with very restrictive “Temporary Standards.” As a result, students, faculty and staff are no longer allowed to openly express political views on campus without prior approval of the Provost. These “temporary” rules have now been in effect for over two years.

The university appointed its own Task Force to revise the Guidelines permanently, contradicting its own written rules for revision of the open expression guidelines. Proposed Revised Guidelines were finally issued late in the Spring 2026 semester, generating numerous objections from constituencies throughout the university. The Senate Executive Committee issued a statement repudiating the Revised Guidelines, which public comment sessions had declared “unsalvageable.” Alumni were not welcome at these events which required university ID to attend. The timeline and process for final approval by the University Council is unknown at this point, but was originally planned for early September.  

Immediate Concerns:

Criticisms of the proposed new guidelines involve not only the top-down process by which they were generated, but also their inclusion of permanent restrictions on political speech by members of the university community without prior approval by the administration, disciplinary actions for speech to be decided by a new Executive Director of Open Expression under the control of the Provost, and discipline based on social media content posted by students, faculty or staff. 

The original Guidelines established an independent Committee on Open Expression appointed by the Faculty Senate, drawing representation from faculty, students and staff.  It issues interpretations of the Guidelines when questions arise, makes changes to the Guidelines with community input as needed, consults with the disciplinary arm of University Life before students are charged with violations of the Guidelines, and advises the administration on policies affecting open expression. Over the years this committee operated as a respected check on administrative overreach in policy and disciplinary matters. In the Revised Guidelines, the COE’s functions have been transferred to a staff member who is appointed by and reports only to the Provost. 

The revision process was, from the start, surreptitious and in contradiction to the University’s own rules for changing the guidelines. Mandated community feedback sessions were absent until pressure from students and faculty resulted in “listening sessions,” which the President, Provost and everyone on the Task Force failed to attend. In addition, alumni were not welcome at the listening sessions, which required current university ID.

The proposed new Open Expression Guidelines are far more restrictive than were the longstanding previous guidelines. Previously, a relatively small number of infractions were listed and the COE, a committee independent of the Provost, interpreted them.  This allowed for handling of complex issues and served as a check on single-handed interpretation by the university administration. The Revised Guidelines offer a highly rigid set of rules that are not conducive to students’ education as citizens. Permissions for student events and demonstrations have been bureaucratized in ways that chill expression. New rules on social media forbid livestreaming of campus events and constrain expression both offline and online.

Carolyn Marvin, Diana Mutz, and Robin Pemantle have been following this issue and previously wrote Stop the stealth passage of open expression restrictions at Penn for the Daily Pennsylanian.