Florida International University denied internal appeals on Wednesday filed by four students disciplined for participating in a WhatsApp group chat containing racist and antisemitic messages.
Hours later, Abel Carvajal, Dariel Gonzalez, Ethan Ratchkauskas and Dante Mojena filed an amended complaint in the U.S. District Court for the Southern District of Florida, asking the court to block the university from enforcing disciplinary sanctions imposed over what they describe as “private, off-campus speech.”
According to court filings, FIU reviewed more than 1,200 pages of evidence before finding that the students violated the university’s nondiscrimination policy and student code of conduct.
Messages cited by the university included antisemitic comments such as, “You can f*** all the k**** you want. Just don’t marry them and procreate,” and “I would def not marry a Jew.” Other messages included racist remarks such as, “Ew you had colored professors?” and “Avoid the coloreds like the plague.”
The lawsuit acknowledges that the chat contained “crude, offensive and controversial remarks,” but argues that the messages did not contain “illegal speech or categories of unprotected speech such as true threats, incitement or fighting words.”
In an earlier order, Chief U.S. District Judge Cecilia M. Altonaga noted that FIU alleged Ratchkauskas also wrote, “Let’s go blow up Dolphin Mall with an explosive device or something,” and, “She just has to Swiss cheese the professor at that point.” The students’ attorney, Anthony Sabatini, argued that those comments were made “in a humorous and hyperbolic context” and were not intended or understood as literal threats.
Altonaga previously declined to halt FIU’s disciplinary proceedings while the university’s internal process remained ongoing. The amended complaint argues that, because the appeals process has concluded, the court should block the university from enforcing the sanctions while the students’ First Amendment claims are litigated.
