A federal judge heard arguments Wednesday in the case of a University of Florida law student expelled for antisemitic tweets. His lawyer said he was being wrongly punished for views the school simply didn't like, while UF responded it has every right to remove anyone threatening violence.
The university is "a nursery of democracy," and it does not have the right to limit free speech off campus grounds, said Anthony Sabatini, the attorney for student Preston Damsky, who is suing UF.
Christopher Bartolomucci, representing UF Dean of Students Chris Summerlin, emphasized that the university has the right to protect its students and faculty from perceived threats.
After the 90-minute hearing, U.S. District Judge Allen Winsor, who was appointed by President Donald Trump, said he would issue his ruling narrowly in the coming weeks on whether Damsky should be allowed to return to campus. The broader lawsuit seeking sanctions against UF over its actions toward the student continues in federal court.
At a time when Gov. Ron DeSantis has praised Florida universities as being champions of free speech, Damsky, 29, sued Summerlin for what he described as violating his First Amendment rights. The former UF law student found himself at the center of a free speech fight after drawing national attention for a series of antisemitic tweets and a white supremacist seminar paper that received an award.
In August, Damsky was notified of his expulsion after UF banned him from campus in April. He appealed the expulsion from Summerlin. A UF appeal panel denied the appeal. Damsky took his case to the federal courts, saying his free speech rights were violated.
Sabatini said Damsky's statements were not literal or targeted. "It was basically trolling," he said. Damsky tweeted to around 25 followers that Jews should be abolished. It wasn't until a UF law professor responded, asking if Damsky would murder her and her family, that the tweet raised broad concerns among UF law students and faculty.
Damsky's claims were made off campus, Sabatini said. He didn't directly target or insinuate that a violent action would take place, and as a result, his actions should not be perceived as a true threat under the First Amendment.
Winsor questioned whether the situation would change if Damsky had exchanged messages with a professor from a different university than UF. The judge said plenty of threats have been considered in criminal and civil cases without targeting a specific individual.
Bartolomucci argued that the university has the authority to take action against a student who threatens violence. While the tweet was made off campus, Damsky connected to the university as soon as he responded to the law professor.
UF's lawyer said Damsky's tweet targeted a large population of UF's campus, home to the largest Jewish student population of any public university in the United States, by disrupting campus and engaging recklessly with the professor.
According to Bartolomucci and court records, the law professor began sleeping with a baseball bat within arm's reach. Students refused to enroll in classes they shared with Damsky. The university heightened its police presence near the law school following his posts.
The university argued that Damsky initiated the threat, not the professor, when he decided to publish on a public-facing social media account.
"A school like UF has to have the power to take action against a student's speech they see as a threat," Bartolomucci said.
The context of Damsky's seminar papers, which promoted white supremacist values, heightened students' concerns of a perceived threat, Bartolomucci said. However, the content of the seminar was not subject to the hearing, Winsor said.
Sabatini said Damsky's expulsion would cause him irreparable harm by delaying his opportunity to become a lawyer.
UF made it clear that before Oct. 9 – when Damsky's expulsion went into effect after his unsuccessful appeal – Damsky had access to his courses, lectures and exams as a remote student.
"He was unknown on campus," Sabatini said. "Reasonable people would see [his response to the professor] as a denial."
Damsky is no stranger to being the center of controversy. In one of his seminar papers titled "National Constitutionalism," he argued the Constitution only applies to white people. His seminar received a book award, an honor given to the highest-scoring student in a UF law course taught by Trump-nominated federal judge, John L. Badalamenti. While Badalamenti did not agree with Damsky's views, he felt Damsky posed no threat to the university, according to court records.
UF College of Law Interim Dean Merritt McAlister initially defended the seminar, stating Damsky's opinions were protected by the First Amendment in an email in February 2025.
It wasn't until Damsky took to X that his future at the University of Florida was put into question. In March 2025, following a series of antisemitic tweets, Damsky wrote, "Jews must be abolished by any means necessary."
Damsky argued his posts didn't incite violence or pose a threat.
On the steps of the federal courthouse, Sabatini stood with his client and said, "The defense arguments were bad, respectfully." Damsky did not say anything and did not answer any questions.
If Damsky loses, Sabatini promised they will appeal.
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This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at deliasauer@freshtakeflorida.com.
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