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Judge Orders University of Florida to Re-admit Law Student Expelled Over Anti‑Jewish Comments

12:17 PM, 12/01/2025
Judge Orders University of Florida to Re-admit Law Student Expelled Over Anti‑Jewish Comments

Federal judge orders temporary reinstatement. U.S. District Judge Allen Winsor granted a preliminary injunction requiring the University of Florida to readmit law student Preston Damsky by Dec. 1 after his expulsion for anti-Jewish social-media posts and controversial seminar papers. The court concluded the university did not prove the speech was a "true threat" and cited Virginia v. Black in noting that offensive expression is not automatically unprotected. UF says the student caused substantial disruption; the university may appeal and a trial is set for May.

A federal judge has ordered the University of Florida to temporarily reinstate a law student who was expelled after posting inflammatory statements online and in academic work that targeted Jewish people.

Court ruling and key findings

U.S. District Judge Allen Winsor granted a preliminary injunction requiring the student, Preston Damsky, to be returned to normal student status and readmitted to the Levin College of Law by December 1. In his order, Judge Winsor found that the university had not shown Damsky’s statements rose to the level of a "true threat" or other categories of unprotected speech under the First Amendment.

"My position on Jews is simple: whatever Harvard professor Noel Ignatiev meant by his call to 'abolish the White race by any means necessary' is what I think must be done with Jews. Jews must be abolished by any means necessary," Damsky posted on social media.

The university had disciplined Damsky after reviewing social media posts and two seminar papers in which he advanced provocative arguments about race. UF said his remarks caused a "material and substantial disruption" to the law school, prompted increased security measures and led the university to bar him from campus amid safety concerns from other students.

Legal context and next steps

In his opinion, Judge Winsor cited the Supreme Court’s decision in Virginia v. Black to emphasize that hateful or deeply offensive speech is not automatically proscribable simply because it is disturbing. The judge noted the university’s interest in campus safety but said that interest does not justify violating the First Amendment.

Damsky’s attorney, Anthony Sabatini, hailed the decision as a major First Amendment victory. The university may appeal the preliminary injunction; a trial over the expulsion is scheduled for May. The university declined to comment on active litigation.

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