A federal judge says the University of Florida must reinstate a self-described white nationalist who once wrote that “Jews must be abolished,” finding that the views he shared could not be interpreted as threats of violence and are protected by the First Amendment. 

In August, the University of Florida expelled a law school student, Preston Damsky, amid concerns over social media posts by him that some at the school saw as crossing the line into threats against his fellow students. Mr. Damsky has openly described himself as a white nationalist and an antisemite. He wrote two research papers in which he appeared to call for violence to stop the “dispossession of White America.”

Mr. Damsky later filed a lawsuit alleging that his expulsion violated his First Amendment rights. 

On Monday, the chief judge of the United States District Court of the Northern District of Florida, Allen Winsor, granted Mr. Damsky’s request for a preliminary injunction and ordered the university to reinstate him by December 1. 

Judge Winsor wrote in his decision that Mr. Damsky “has been a controversial figure” at the university and “seems to enjoy pushing boundaries and provoking others.”

While Mr. Damsky’s professors did not raise any concerns about his statements, several students told university administrators that they had safety concerns, which led the interim dean to make Mr. Damsky aware of “how the law school community perceived him” and warn him about potential “professional consequences” for his statements. 

The interim dean said that the law school student was not in trouble, but that he was being put “on notice” that “students feared him and that his actions were becoming disruptive.”

However, the warning did not dissuade Mr. Damsky from making provocative posts on X. On March 21, he wrote, “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.”

After that post, an assistant dean met with students who were “crying and describing their fears” of Mr. Damsky. 

A university board held a disciplinary hearing over the summer to determine whether Mr. Damsky’s actions constituted “disruptive conduct” or “harassment.” Officials first sought to use Mr. Damsky’s decision to wear a “From the river to the sea, Palestine will be free” shirt as evidence of his disruptive conduct. But the board decided that the use of that phrase was protected by the First Amendment. 

Eventually, witnesses testified about Mr. Damsky’s previous writings. The interim dean said that Mr. Damsky’s writings were evidence of a “course of conduct.” The official also noted that Mr. Damsky was “aware” that students were concerned about him, but that he did not stop his provocative writings. 

Mr. Damsky was expelled in August.

The lawsuit poses a test of when a public university can take disciplinary action against a student for speech that is believed to be hateful or threatening. 

Judge Winsor notes that UF “does not dispute” that it expelled the student “based on speech,” but it argues the “First Amendment did not protect that speech.”

The jurist wrote that “in context,” Mr. Damsky’s statements do not “convey a real possibility that violence will follow.”

“Even if ostensibly referring to violence, a hyperbolic and coarse expression of political opinion does not necessarily constitute a true threat,” Judge Winsor said. “Damsky offers no indication that he will act on his ‘position’ or do anything at all. He is stating a view — even if a hateful and offensive one.”

Judge Winsor added, “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.”

The University of Florida declined to comment, citing the pending litigation.