This administration has hit pretty hard against schools found lacking in their fight against antisemitism. Threats about losing accreditation, snatching away billions in ear marked federal funding… dire consequences all around. Given the climate, universities — especially public ones — are and should be on high alert to punish and distance themselves from actual instances of antisemitism. Being associated with a student who boldly declared that “Jews must be abolished by any means” definitely wasn’t a good look for University of Florida.
This student also gained infamy for writing a White supremacist constitutional law paper that advocated for, among other things, shoot to kill orders at the border. Once word of his digital footprint got out, the university expelled Preston Damsky from the school. The expulsion prompted Damsky to sue the school for violating his right to free speech. The Gainsville Sun has coverage:
A federal judge heard arguments Oct. 29 in the case of a University of Florida law student expelled for antisemitic tweets.
…
[Damsky’s lawyer] said Damsky’s statements were not literal or targeted. “It was basically trolling,” he said. Damsky tweeted that Jews should be abolished to around 25 followers. It wasn’t until a UF law professor responded, asking if Damsky would murder her and her family, that the tweet raised broad concerns among UF law students and faculty.
“Your Honor, my client would have been fine if one of his teachers just kept her mouth shut.” Nice way to deflect the blame on to a professor asking questions about safety!
The tension between “limiting free speech off campus” and the duty to protect students and faculty from threats is palpable. It would be an easier question if Damsky ended his tweet with “and I will do my part,” but the tweet’s lack of immediacy makes it harder to read as a time-sensitive “true threat.” That said, the tone and context can still reasonably be received as threatening or at least the intentional creation of a hostile environment. Legal scholars have taken a turn at navigating the conflict between protecting speech and protecting victims of discriminatory acts. Can institutions even fulfill their legal obligations to students without punishing other students in ways that suppress political speech?
Academic questions aside, one thing to know about trolling is that the trolls are going to keep pushing the limit as far as they can. The point is to use their freedom to make others feel threatened or excluded, and they’ve gotten very good at it over the history of the country. So whatever the law concludes, if Damsky wins this case, expect that he and others will take it and be emboldened to go out and make similar tweets in the future. It feels safe to assume that those tweets will be a bit more aggressive in tone.
Judge Hears UF Case On Law Student’s Antisemitic Tweets [Gainsville Sun]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
The post Florida Lawsuit Will Determine If Law School Student Tweeting ‘Jews Must Be Abolished’ Is An Expellable Offense appeared first on Above the Law.
This administration has hit pretty hard against schools found lacking in their fight against antisemitism. Threats about losing accreditation, snatching away billions in ear marked federal funding… dire consequences all around. Given the climate, universities — especially public ones — are and should be on high alert to punish and distance themselves from actual instances of antisemitism. Being associated with a student who boldly declared that “Jews must be abolished by any means” definitely wasn’t a good look for University of Florida.
This student also gained infamy for writing a White supremacist constitutional law paper that advocated for, among other things, shoot to kill orders at the border. Once word of his digital footprint got out, the university expelled Preston Damsky from the school. The expulsion prompted Damsky to sue the school for violating his right to free speech. The Gainsville Sun has coverage:
A federal judge heard arguments Oct. 29 in the case of a University of Florida law student expelled for antisemitic tweets.
…
[Damsky’s lawyer] said Damsky’s statements were not literal or targeted. “It was basically trolling,” he said. Damsky tweeted that Jews should be abolished to around 25 followers. It wasn’t until a UF law professor responded, asking if Damsky would murder her and her family, that the tweet raised broad concerns among UF law students and faculty.
“Your Honor, my client would have been fine if one of his teachers just kept her mouth shut.” Nice way to deflect the blame on to a professor asking questions about safety!
The tension between “limiting free speech off campus” and the duty to protect students and faculty from threats is palpable. It would be an easier question if Damsky ended his tweet with “and I will do my part,” but the tweet’s lack of immediacy makes it harder to read as a time-sensitive “true threat.” That said, the tone and context can still reasonably be received as threatening or at least the intentional creation of a hostile environment. Legal scholars have taken a turn at navigating the conflict between protecting speech and protecting victims of discriminatory acts. Can institutions even fulfill their legal obligations to students without punishing other students in ways that suppress political speech?
Academic questions aside, one thing to know about trolling is that the trolls are going to keep pushing the limit as far as they can. The point is to use their freedom to make others feel threatened or excluded, and they’ve gotten very good at it over the history of the country. So whatever the law concludes, if Damsky wins this case, expect that he and others will take it and be emboldened to go out and make similar tweets in the future. It feels safe to assume that those tweets will be a bit more aggressive in tone.
Judge Hears UF Case On Law Student’s Antisemitic Tweets [Gainsville Sun]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s . He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who is learning to swim, is interested in critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
The post Florida Lawsuit Will Determine If Law School Student Tweeting ‘Jews Must Be Abolished’ Is An Expellable Offense appeared first on Above the Law.
