JUDGE PAUSES FIU FREE SPEECH LAWSUIT OVER OFFENSIVE CHAT

• A federal judge has paused a lawsuit from four Florida International University students over a free speech dispute.
• The students are being investigated by the university for participating in an offensive group chat with racist and violent content.
• The judge ruled the university's disciplinary process must conclude before the lawsuit can proceed.

A federal judge has put on hold a case involving Florida International University and four students raising free speech concerns because of the school's investigating them over an offensive group chat.

U.S. District Judge Cecilia Altonaga "stayed," or paused, the lawsuit filed by the students, saying the school needs to finish its disciplinary inquiry. It's one of multiple free speech challenges raised against state universities.

According to news reports, the students were in a WhatsApp group chat that included hundreds of variations of the N-word and descriptions of ways to violently kill Black people.

The university subsequently notified the four students – including one who was serving in county Republican leadership – that it was investigating them for violating student conduct codes.

In a 17-page ruling on May 15, the judge acknowledged the students' claims of forced "self-censorship," saying they were afraid that any further expression on their part might prompt more discipline.

But she also underscored the importance of the state's interest "in eliminating disruptive and threatening or harassing conduct on its campus," acknowledging that discipline is still pending against two of the four students.

"FIU’s disciplinary proceedings afford Plaintiffs’ several procedural protections, including written notice of the charges; a fair and impartial hearing," and more, she wrote.

This case is one of many across Florida that could determine how far a public university can go in punishing students for controversial speech. It's also an early glimpse into how courts handle the free speech battles, ahead of a controversial Florida law taking effect in July that could prompt universities to expel students promoting groups labeled as "terrorist" organizations by the state.

Some students suspended after group chat controversy

The two students who did have disciplinary hearings – Abel Carvajal and Dariel Gonzalez – were suspended from the university until May 2028. Carvajal was investigated for creating and managing the group chat, and he resigned as secretary of the Miami-Dade Republican Party following public outcry on the offensive content in the chat. The judge's order also noted antisemitic and racist remarks made by Gonzalez in the group chat.

The other two, Ethan Ratchkauskas and Dante Mojena, still face discipline for violent, discriminatory comments, the judge's order says. The students' attorney, Anthony Sabatini, told the court May 19 they would appeal to the 11th U.S. Circuit Court of Appeals. "The problem is, we're already at a stage where they've incurred irreparable harm," Sabatini said about the judge's order.

Originally, the lawsuit asked the judge to immediately stop FIU's investigation, arguing it infringed on their free speech. In March, FIU President Jeanette Nuñez wrote in a statement before the lawsuit was filed that her administration "will not accept, tolerate, or condone any form of racism and antisemitism at FIU."

Ratchkauskas' hearing was scheduled for May 15, the same day Altonaga issued her ruling, and Mojena's hearing is scheduled for May 20.

Florida universities face other lawsuits over punishing speech

This case is not the only challenge to a public university for offensive speech:

(This story was updated because an earlier version included an inaccuracy and had inaccurate headlines: The judge did not comment on the merits of the case related to whether the students' free speech rights were violated.)

(Note: The court order below contains language some readers may find offensive.)

This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@usatodayco.com. On X: @stephanymatat.