Judge seeks more arguments in FIU students' lawsuit over discipline for offensive group chat
A federal judge has ordered additional filings and closing arguments in a lawsuit brought by four Florida International University students who claim the school violated their First Amendment rights by disciplining them over offensive WhatsApp messages.
Two students were suspended, and two were expelled over alleged student conduct violations involving messages described as racist, threatening, and derogatory.
During the second day of trial, U.S. District Judge Cecilia Altonaga said FIU had presented a strong case that fear caused by the messages substantially disrupted the public university. Her remarks introduced another issue for the court to weigh alongside the students' free speech claims. She did not issue a final ruling.
Abel Carvajal, one of the four students who sued FIU in March, expressed confidence in their case.
"We think that we will prevail in this lawsuit," he said.
Carvajal acknowledged the offensive nature of the messages while defending the students' legal challenge.
"We never said the chats were not offensive or politically incorrect," he said.
According to FIU, the students participated in an October 2025 group chat that used offensive language. The messages were later leaked to the Miami Herald, a CBS News Miami news partner.
The newspaper reported that the chat contained hundreds of variations of the N-word, derogatory language targeting women, gay people, and Jews, and descriptions of ways to violently kill Black people.
The students' attorney, Anthony Sabatini, argued that the messages were offensive jokes rather than threats.
"Kids make jokes sometimes. Sometimes they make off-color jokes, but they're not threats," Sabatini said.
He also alleged that FIU knew about the chat but did not act until the Herald published its reporting. Sabatini accused the students' political opponents, whom he described as civically involved, of recasting the messages to make them appear threatening.
FIU's attorneys declined to comment outside court. During the proceedings, the university presented testimony from personnel involved in reviewing the messages and determining disciplinary action.
Witnesses testified that dozens of students contacted FIU after the Herald's reporting, expressing fear for their safety.
Carvajal questioned the basis for treating the messages as threats, pointing to the roughly five months between the chat and the university's disciplinary action.
Altonaga, however, told the plaintiffs that FIU had presented substantial evidence of disruption stemming from other students' fear.
Both sides must submit additional documentation before returning for closing arguments on Thursday, Dec. 17.