Schaerr Jaffe Goes to Trial Twice in Two Weeks for the University of Florida

In a two-week span, Schaerr Jaffe attorneys went to trial in two cases for firm client the University of Florida (“UF”). Both cases were tried in the U.S. District Court for the Northern District of Florida. In both, First Amendment claims were at issue. 

On May 27-28, 2026, in Damsky v. Summerlin, the firm defended UF’s expulsion of a law student for publicly posting on social media that “Jews must be abolished by any means necessary” and for a subsequent exchange about the post with a UF law professor. The student’s past conduct at UF was also considered as providing context for the post and exchange, which were seen by many at UF as threatening or promoting violence. 

Twelve days later, on June 9-10, 2026, in University of Florida College Republicans v. Landry, the firm defended UF’s deactivation of a Registered Student Organization against the student group’s claim that the action violated the First Amendment. UF presented evidence and argued at trial that its action was based, not on the student group’s speech or viewpoint, but on the group’s lack of a parent organization and state law considerations

Both cases were tried to the bench. On June 12, 2026, in the College Republicans case, the District Court ruled in UF’s favor and dismissed the plaintiff’s claims with prejudice. The Damsky case has not been decided.

The trial team in the two cases consisted of Schaerr Jaffe partner H. Christopher Bartolomucci and associate Justin A. Miller. Associate Miranda Cherkas Sherrill was heavily involved in a preliminary injunction-related appeal to the 11th Circuit and the discovery-phase of the Damsky case. Senior Paralegal Kristina L. Robinson provided essential support during the trials and throughout the litigation of the cases.