An excerpt from today's long opinion by Chief Judge Allen Winsor (N.D. Fla.) in Damsky v. Summerlin, which I think is likely correct:
Damsky has been a controversial figure at the law school since he enrolled. He seems to enjoy pushing boundaries and provoking others. He achieved that and more with two seminar papers and one social media exchange that ultimately became the basis for his expulsion.
In the fall semester of his second year, Damsky wrote two seminar papers that generally argue the United States was founded as a race-based nation and should be preserved as such. He concluded each paper with what some perceived as extralegal calls to violence. In American Restoration, Damsky offered this view:
[W]e should feel no shame about feeling attached to those with whom we share a common racial origin. The founding generations of Americans were also no strangers to fighting, killing, and dying on behalf of their rights and sovereignty. The hour is late, but we are not yet so outnumbered and so neutered that we cannot seize back what is rightfully ours. This land, America, our due inheritance, is worth the struggle.
In National Constitutionalism, Damsky went perhaps further:
The Supreme Court and inferior federal courts have the power to arrest the dispossession of White America…. If the People are not granted relief from the government—which includes the judiciary—then, if they are to survive as masters in the land of their ancestors, they must exercise "their revolutionary right to dismember or overthrow" the government. And that will be a process which no deskbound jurist can gleefully look forward to; for it will be a controversy decided not by the careful balance of Justitia's scales, but by the gruesome slashing of her sword.
Neither of Damsky's seminar professors found his language particularly alarming, and both gave him high marks. Still, the papers garnered attention. Many students found them upsetting, and some insisted the law school take action. The law school refused any discipline, though, concluding the writings did not constitute true threats, were not significantly disruptive, and enjoyed First Amendment protections….
[T]he semester continued without incident—at least until Damsky's March 21 X post:
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.
This post was immediately available to Damsky's few X followers (Damsky said he has "almost no following"), as well as anyone else who happened across his public account. Law student S.J. saw the post and found it upsetting but not, by itself, alarming. A week later, S.J. reported the post to the Interim Dean. A few days after that, on April 1, one of the University's Jewish law professors engaged with Damsky on X. Replying to his post, she asked, "Are you saying you would murder me and my family? Is that your position?" Damsky offered this in reply:
