UF law student expelled for controversial posts wins federal court ruling
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A federal judge has ordered the University of Florida to temporarily reinstate a law student who was expelled after he made controversial statements about race and religion online and in academic articles; this included a social media post calling for the “removal” of Jews.
According to the reported court decision by ReutersUF Levin School of Law student Preston Damsky was suspended in April after writing about
He also responded to a UF Jewish professor about
Following an investigation in late May, UF accused him of violating the student code of conduct based on social media posts and comments in two seminar papers, and he was expelled. Damsky filed the lawsuit on Sept. 14, arguing that his deportation violated the First Amendment.
The University of Florida has agreed to readmit a law student who filed a First Amendment lawsuit after he was expelled for controversial statements on social media and academic papers. (James Gilbert/Getty Images)
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In his ruling Monday, U.S. District Judge Allen Winsor ruled in Damsky’s favor, granting a preliminary injunction requiring the university to reinstate him and readmit him to the law school by Dec. 1. Winsor said UF had not shown that Damsky’s speech “posed a real threat or was otherwise prohibitible.”
Winsor cited the US Supreme Court’s 2003 decision. Virginia – Black to emphasize that even hateful or highly offensive expressions, such as cross-burning, cannot be categorically banned simply because they are upsetting.
“The University, of course, has an interest in preserving order, but it has no interest in violating the First Amendment to achieve that goal,” Winsor wrote.
According to the decision, UF told Damsky that he “caused a material and significant disruption to the academic operation of the UF College of Law,” increased security and banned him from campus after receiving reports of safety concerns from other students.
US District Judge Allen Winsor called Damsky a ‘controversial figure’ at the University of Florida. (Andy Soloman/UCG/Universal Images Group via Getty Images)
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Winsor’s order stated that Damsky had been a “controversial figure” since enrolling in college and that he “enjoyed pushing boundaries and provoking others.” The judge cited two seminar papers by the student that attracted attention for arguing that the United States is a “race-based” nation and should be protected for the “good of White Americans.”
Damsky argued that his comments were protected political speech. His attorney and Lake County commissioner Anthony Sabatini welcomed the judge’s decision.
The judge noted that Damsky had been a “controversial figure” since enrolling at the university and that he “enjoyed pushing boundaries and provoking others.” (iStock)
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“Today won a HUGE victory for my client Preston Damsky against the First Amendment UFLaw,” he said wrote to x. “Damsky was unlawfully punished in response to his political views, we filed suit, and now a federal judge has ruled UF’s actions were unconstitutional.”
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The University of Florida told Fox News Digital it does not comment on pending litigation.
The university may choose to appeal the injunction, and the hearing will be held in May, according to Reuters.
