Damsky v. Summerlin (Univ. of Florida)

Summary

In Spring 2024, Preston Damsky, a 29-year-old law student at the University of Florida Levin College of Law, submitted a seminar paper titled “National Constitutionalism” arguing that “We the People” in the U.S. Constitution referred exclusively to white Americans. The paper proposed disenfranchising non-white citizens and included language advocating “shoot-to-kill orders” for non-white migrants. It received a “book award” for earning the highest grade in the class taught by Judge John L. Badalamenti. The university later clarified that the award was automatically given based on grades and did not reflect endorsement of the views expressed.

Early in 2025, Damsky posted statements on social media promoting white supremacist and antisemitic views. He described Jewish people as “parasitizing the West,” called Jews the “common enemy of humanity,” and supported their abolition “by any means necessary,” identifying himself as an anti-Semite. In one exchange, after a law professor asked if he would harm her and her family, he wrote that a genocide of all whites would be a greater outrage than a genocide of Jews.

The University of Florida issued a trespass warning on April 3, 2025, banning Damsky from campus for three years and citing safety concerns. The university treated the seminar paper as protected academic work, but said his social-media posts created a hostile and disruptive environment. In June 2025, Damsky filed an internal complaint claiming the ban violated his First Amendment rights, while UF said the action followed a substantial disruption and safety threat.

Damsky filed a federal lawsuit against the university and Dean of Students Chris Summerlin on September 14, 2025, alleging his expulsion and the trespass order violated his First Amendment rights. At an October hearing, his attorney argued the posts reached only about 25 followers and did not constitute a true threat, while UF’s attorney said they caused significant disruption, with students skipping class, one professor resigning, another keeping a baseball bat at her desk, and Jewish students feeling targeted.

A preliminary injunction issued on November 25, 2025, ordered UF to reinstate Damsky, finding the posts, though provocative, did not meet the legal standard for a true threat. The university was required to readmit him by December 1, and a trial was set for May 2026.

On January 23, 2026, the U.S. Court of Appeals for the 11th Circuit put the injunction on hold, ruling that UF could not be forced to readmit Damsky while the lawsuit proceeded. Two of the three judges found his statements were likely not protected by the First Amendment and cited a strong public interest in mitigating campus violence, keeping him barred as the spring semester began. A third judge dissented, concluding the speech was protected, and Damsky’s attorney said he would seek rehearing by the full court.

On February 3, 2026, the university asked the full 11th Circuit to overturn the preliminary injunction entirely, arguing that Damsky’s statements, including a post saying “Jews must be abolished by any means necessary,” were unprotected true threats that caused significant disruption at the law school, particularly during final exams, and that keeping him off campus served the public interest while litigation continues.