Appeal tests campus free speech in expelled Florida law student's case

By Karen Sloan

Feb 3 (Reuters) - The University of Florida has asked a federal appeals court to reverse a judge's order that it readmit an expelled law student who administrators say demonstrated a “pattern of disruptive behavior,” in a case testing campus free speech rights.

The university said in an opening brief filed Monday in the U.S. Court of Appeals for the 11th Circuit that ex-student Preston Damsky’s controversial statements about race and religion — including a post on X that said, “Jews must be abolished by any means necessary” — were true threats of violence that do not merit protection under the U.S. Constitution’s First Amendment.

“In the spring of 2025, Damsky’s antagonistic behavior culminated in threats that significantly disrupted UF’s law school near final exams, significantly harming students’ rights and education during a crucial time in their studies,” the university said.

Damsky’s attorney, Anthony Sabatini, did not immediately respond to a request for comment Tuesday. A University of Florida spokesperson declined to comment.

University free speech debates have intensified during U.S. President Donald Trump's second term as his administration cracked down on protests and what it has decried as rampant campus antisemitism. University employees also faced discipline for their responses to the September killing of conservative activist Charlie Kirk.

The University of Florida suspended Damsky in April, saying his presence on campus “created a material and substantial disruption." He sued the school after he was expelled in October.

U.S. District Judge Allen Winsor in November issued a preliminary injunction requiring the university to readmit Damsky, finding it had not shown that Damsky’s statements online and in academic papers were true threats of violence and that his expulsion likely violated his free speech rights.

A three-judge panel of the 11th Circuit disagreed in January, with two judges signing on to an opinion that put the November ruling on hold after finding there is a “strong public interest” in mitigating campus violence.

The university’s latest brief, which asks the 11th Circuit to reverse the November preliminary injunction, offers further detail on Damsky’s alleged conduct and its impact on the law school.

In one incident during his first year, Damsky violently kicked at a glass door and berated a school employee aggressively as he tried to enter a building, the university said.

He submitted two academic papers that were perceived as “calls for racial violence,” and that argued that the U.S. was founded as a "race-based nation-state" to preserve the white race, the university said. One faculty member slept with a baseball bat next to her for several weeks after clashing with Damsky on social media, according to the brief.

During a university hearing on Damsky’s conduct, the interim dean of the law school testified that she had spent “significant time” over two years fielding complaints about Damsky from other students, according to the university.

Read more:

Student, professor face setbacks in law school free speech cases

Judge orders readmission of law student who posted 'Jews must be abolished'