A federal judge in Gainesville heard final testimony May 28 in the case of a former University of Florida law student who says the university violated his free speech rights by expelling him over antisemitic posts he made on X.
In late March 2025, Preston Damsky, 30, wrote on X that “Jews must be abolished by any means necessary.” Several other X posts shared in the case peddled antisemitic tropes, stereotypes and conspiracy theories and made disparaging remarks against Black people and immigrants.
Shortly after Damsky was expelled in September 2025, he sued UF Dean of Students Chris Summerlin for what he described as violating his First Amendment rights.
In that case, U.S. District Judge Allen Winsor ordered Damsky reinstated to UF. Then, the 11th U.S. Circuit Court of Appeals issued an administrative stay — a temporary hold on the judge’s ruling after UF argued Damsky posed a violent threat to the campus community.
UF reaffirmed its position that Damsky’s post constituted a threat of violence during the trial.
Christopher Bartolomucci, a lawyer for the university, argued that Damsky’s March post, in the context of his other antisemitic posts, past violent behavior, and two academic papers that called for violence, was not protected speech.
Bartolomucci relied on what’s known as the “Tinker doctrine,” established by a 1969 Supreme Court case. It says students have free speech rights at school, but their expression cannot cause a “material and substantial disruption” to the learning environment.
Professor: ‘Shocked and terrified’ by Damsky’s post
On the second day of trial, Bartolomucci called UF law professor Zachary Kaufman as a witness via Zoom.
Kaufman, an expert on genocide and faculty advisor to the Jewish Law Students Association, said he was “shocked and terrified” by Damsky’s post when it was brought to his attention by students. He described the post as a “call for genocidal violence against Jews,” including Jewish students at the law school.
Kaufman was one of three law professors who co-signed an email to faculty informing them about Damsky’s post. He and several of his students, he testified, were concerned that a violent attack could take place on campus, perpetrated by Damsky or someone else reading his public posts.
Anthony Sabatini, a former state lawmaker who is Damsky’s attorney, argued that his client’s post, while offensive, did not amount to a material disruption on campus — one of two charges made by the University Officials Board that recommended Damsky’s expulsion.
Sabatini added that Damsky wasn’t solely responsible for any disruption on campus and didn’t pose a threat. It wasn’t until UF law professor Lyrissa Lidsky responded online to Damsky’s March post, he insisted, that the university started taking increased security measures and the mood on campus turned to one of fear and anxiety.
Sabatini said the word “abolish” in Damsky’s post could be interpreted as deporting Jewish people. Kaufman pushed back on that claim, saying the phrase “by any means necessary” cannot be taken out of context.
Sabatini also contended that Damsky was targeted by the campus community for his political views and provided screenshots of law students celebrating Damsky’s departure online with laughing and heart emojis.
That showed students weren’t as fearful as they claimed and sought vengeance, he said. Damsky also lost a law internship after his antisemitic post surfaced.
Judge Winsor, who presided over the two-day trial, told Bartolomucci if he wanted to win, he needed to make a compelling case for how Damsky’s post could reasonably be perceived as a threat of violence.
And Winsor made clear he didn’t agree with Damsky’s views, but said witnesses’ obvious contempt for his beliefs and feelings about his rhetoric would not strengthen the university’s case.
Final briefs are due to Winsor by June 26, after which he will issue a ruling, he said.
This article originally appeared on The Gainesville Sun: Judge weighs free speech, offensive posts in UF student expulsion case
Reporting by Chelsea Long, Gainesville Sun / The Gainesville Sun
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