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Judge Orders UF Law Student Reinstated After Antisemitic Posts Case

The court said the university failed to show the student's statements were "true threats" under Supreme Court precedent.

Overview

  • U.S. District Judge Allen Winsor granted a preliminary injunction on Nov. 24 requiring the University of Florida Levin College of Law to readmit Preston Damsky.
  • An order on Nov. 29 temporarily stayed the injunction until Dec. 3 to allow the university to seek a stay from the 11th Circuit.
  • Damsky was expelled in late May after UF concluded his social-media posts and seminar papers violated the student code of conduct.
  • The judge cited Virginia v. Black and found the university had not shown the posts— including a statement that "Jews must be abolished by any means necessary"—were prosecutable threats.
  • UF told the court the student caused a material disruption and prompted security measures; a trial on the merits is scheduled for May, and Damsky’s attorney praised the ruling as a First Amendment win.