In Damsky v. Summerlin, (ND FL, Nov. 24, 2025), a Florida federal district court issued a preliminary injunction requiring the University of Florida law school to reinstate a student it had expelled after complaints about racist language in his term papers and then a social media post on X that read:
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.
He also engaged in a discussion with a professor online about his post. Students and faculty felt threatened, and the law school suspended him for creating a material and substantial disruption to the school's academic operation. After a disciplinary hearing he was expelled. In finding the student's statements protected by the First Amendment, the court said in part:
To be sure, those reading Damsky’s words may be justifiably fearful. Some may assume that anyone uttering such commentary is more likely to act violently than someone who does not.... But that is not the test. The test is whether Damsky’s posts constituted a “serious expression” that he meant “to commit an act of unlawful violence.”...
The bottom line is that the University has not shown that any of Damsky’s speech constituted a “true threat.”...
... Here, I cannot agree that an observer would reasonably interpret Damsky’s posts as threats of violence—much less school-directed threats. Damsky’s March 21 X post bears no connection with the school at all. He does not mention the University, its administrators, students, or professors....
Damsky expressly conditioned his use of “abolish” and “any means necessary” on “whatever Harvard professor Noel Ignatiev meant.” Those phrases in a vacuum may suggest violence, but such a reading “ignores” Damsky’s “undeniable reference to” Ignatiev. Morse.... Damsky’s reference to an academic further undermines any conclusion that he was threatening imminent violence....
On November 29, the court issued an Order (full text) staying the injunction until December 3 to allow the University to seek a stay pending appeal from the 11th Circuit.
Fox News reports on the court's decision.
