The University of Florida must at least temporarily reinstate a Levin College of Law student expelled over an antisemitic social media post, a federal judge ruled Monday.
Preston Damsky wrote in a post on X earlier this year that “Jews must be abolished by any means necessary.”
His post caused students and professors to become fearful, according to the order from U.S. District Judge Allen Winsor. Some students avoided taking classes with him or feared he would come to classes armed, the order states. A professor who replied to the post said she slept with a baseball bat next to her bed. The law school heightened security on campus.
The university suspended Damsky for violating student conduct through harassment and disruptive conduct. After a disciplinary hearing, which also considered two of Damsky’s earlier academic papers that argue for white nationalism, the University Officials Board recommended expulsion.
Damsky sued in September, arguing that the expulsion violated his rights to free speech in academics and on social media.
Winsorgranted him a preliminary injunction, requiring the university to reinstate him as a law student by Dec. 1. Although people who read Damsky’s post might have been fearful, that does not mean his posts constitute a “serious expression” that he meant to commit violence, the order states.
A University of Florida spokespersondeclined to comment, stating the university cannot provide comment on pending litigation.
Anthony Sabatini, Damsky’s lawyer and former Republican representative in the state House, said it’s a significant case for distinguishing what is and isn’t a threat in Florida.
“These are adults. This is a graduate school,” he said. “These were his political opinions. I think everybody knew that. I think people lied and said that he meant the statement as a threat. He didn’t and that was clear to the judge. We’re just glad that judge protected the Constitution and the First Amendment.”
The order states that an observer would not say the post is a threat of violence directed at the school because it does not mention the university, administrators, professors or students.
“Damsky offers no indication that he will act on his “position” or do anything at all,” the order states. “He is stating a view — even if a hateful and offensive one.”
Sabatini said the case will play a big role in interpreting what students in higher education are allowed to say. Middle and high school speech is more restricted, he said, but students at colleges and universities have the same rights as they would anywhere else.
The preliminary injunction is not the case’s final decision. It’s meant to preserve the status quo, returning Damsky to school in this case, until a judgment is made.