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. The paper 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.

In early 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 expressed support for 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. Damsky later said that his great-grandparents were labeled “Hebrew” at immigration, his grandparents were buried in a Jewish cemetery, but he was not raised Jewish and had never visited a synagogue.

On April 3, 2025, the University of Florida issued a trespass warning banning Damsky from campus for three years, citing the threatening nature of his statements and safety concerns for students and faculty. The university distinguished the seminar paper, which it considered protected academic work, from the social-media posts, which it said created a hostile environment and disrupted the campus community.

By June 2025, Damsky filed a complaint with the university, claiming that the campus ban violated his First Amendment rights. UF officials stated that the actions were taken only after the student’s conduct posed a substantial disruption and safety threat to the campus community.

In September 2025, Damsky filed a federal lawsuit against the university and Dean of Students Chris Summerlin, alleging that his expulsion and the trespass order violated his First Amendment rights. At a federal hearing in October, his attorney argued the social-media posts were aimed at a small audience of about 25 followers and did not constitute a true threat. UF’s attorney argued the posts caused a substantial disruption, noting that students skipped class, one professor quit, another kept a baseball bat at her desk, and the posts targeted the university’s large Jewish student population. The judge indicated he would issue a narrow ruling on whether Damsky could return to campus, while the broader lawsuit remained ongoing.