An appellate court ruled a UF law student’s ban from campus can temporarily remain in place as the court continues to consider the appeal.
The administrative stay is the latest development in an ongoing battle between UF and Preston Damsky, which began when the university issued a trespass order against Damsky in April after he made a series of antisemitic posts on X.
In his posts, Damsky had called to abolish Jews “by any means necessary.” He also wrote two seminar papers arguing the U.S. “was founded as a race-based nation and should be preserved as such,” according to court documents.
When UF later expelled Damsky, he sued, arguing the expulsion violated his First Amendment rights.
Last month, a federal judge ruled the university must reinstate Damsky to normal standing while his case is pending; a final ruling will determine whether he can return to UF permanently.
In his decision, U.S. District Court Judge Allen Winsor wrote defendant Chris Summerlin, UF’s dean of students, did not show how “Damsky’s speech constituted a true threat or was otherwise proscribable.” Damsky's suit had been filed against Summerlin in his official capacity as dean. Winsor ordered Summerlin to reinstate Damsky by Dec. 1.
Summerlin appealed to the 11th U.S. Circuit Court of Appeals to pause the injunction. The pause was granted Dec. 3, according to court records. Damsky’s reinstatement is now on an administrative stay until the 11th Circuit has time to consider the motion. His trespass order was re-issued the same day, according to the university’s trespass catalog.
Damsky must file his response by Friday. Soon, the appellate court will decide whether to continue pausing his reenrollment until the full appeal is resolved or lift the stay and allow Damsky to return to normal standing.
Contact Zoey at zthomas@alligator.org. Follow her on X @zoeythomas39.
Zoey is the Fall 2025 engagement managing editor of The Alligator. She has previously served as data editor and reported on the university, metro and enterprise desks. Over the summer, she interned for the Orlando Sentinel. Zoey inherited her mom's love of strong coffee and her dad's love of "Buffy the Vampire Slayer."
