Four Florida International University students disciplined over racist and antisemitic messages in a private group chat asked a federal court on Tuesday to halt their suspensions and other sanctions while their First Amendment lawsuit proceeds.
Abel Carvajal, Dariel Gonzalez, Ethan Ratchkauskas, and Dante Mojena filed a renewed motion for a preliminary injunction against FIU President Jeanette M. Nuñez, a day after Chief U.S. District Judge Cecilia M. Altonaga ruled that the students have “valid First Amendment claims.” The court rejected the university president’s bid to dismiss those claims but dismissed other counts in the students’ lawsuit.
The students were among participants in a private, off-campus WhatsApp group chat during the fall 2025 semester. FIU reviewed more than 1,200 pages of conversation, accusing members of the chat of posting threatening, racist, antisemitic and other offensive material. The public Miami university ultimately imposed disciplinary sanctions against all four. Carvajal was accused of creating and managing the group and was disciplined for allegedly assisting violations of the university’s student code of conduct.
The students contend that the university punished constitutionally protected private speech. They characterize some of the messages, including statements attributed to Ratchkauskas, as humorous and hyperbolic rather than literal threats. In her Sept. 14 ruling, Altonaga said the allegations concerning the context of those statements were sufficient at the pleading stage to support a First Amendment claim.
The renewed motion asks the court to halt enforcement of the sanctions and allow the students to return to classes and participate in university programs while the case is litigated.
