A federal court has told the University of Florida to temporarily bring back a law student who was expelled after posting inflammatory remarks on social media and in class papers about race and religion. The judge’s order was fueled by a Twitter post in which the student, Preston Damsky of the Levin College of Law, said that he wanted “Jews to be abolished by any means necessary,” echoing a provocative quote from a Harvard professor.
Damsky’s remarks came to light during an investigation in late May, when UF accused him of violating the student code of conduct on the basis of the controversial posts and two seminar papers. The university expelled him, prompting Damsky to file a lawsuit on September 14, claiming that the expulsion breached his First Amendment rights.
On Monday, U.S. District Judge Allen Winsor granted Damsky a preliminary injunction. The ruling requires UF to restore him to full status and readmit him to the law school by December 1. Winsor found that the university had not shown that Damsky’s statements posed a genuine threat or fell under a prohibited category of expression. He cited the Supreme Court’s 2003 decision in Virginia v. Black to note that even hate-filled speech can’t be outright banned merely because it disturbs.
The judge referred to Damsky’s long-standing reputation at UF as a “controversial figure” who “seems to enjoy pushing boundaries and provoking others.” He highlighted the student’s seminar papers, which argued that America is a “race‑based” country that should be dedicated to the “betterment of White Americans,” and noted that UF had labeled his conduct a “material and substantial disruption” to the law school. In response, the university increased security, barred him from campus, and cited safety complaints from fellow students.
Defense counsel Anthony Sabatini, who also serves as a Lake County commissioner, praised the decision, tweeting, “HUGE First Amendment win today on behalf of my client Preston Damsky against UFLaw… Now a federal judge has ruled UF’s actions unconstitutional.”
UF has declined to comment on the ongoing case but said it could appeal the injunction. A full trial is scheduled for May, per Reuters.
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