A federal judge has ordered additional filings and closing arguments in a lawsuit brought by four Florida International University students who say the school violated their First Amendment rights by disciplining them over offensive WhatsApp messages.
Two students were suspended and two were expelled over alleged conduct violations tied to messages that were described as racist, threatening and derogatory. The students sued FIU in March.
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. She did not issue a final ruling, and her remarks added a question the court must weigh alongside the students’ free speech claims.
According to FIU, the students took part in an October 2025 group chat. The messages later leaked to the Miami Herald, which reported that the chat included hundreds of variations of the N-word and slurs aimed at women, gay people and Jews, along with descriptions of ways to kill Black people.
Plaintiff Abel Carvajal said he expects to win. He acknowledged the messages were offensive but said the students were not claiming otherwise. Their attorney, Anthony Sabatini, argued the messages were off-color jokes, not threats, and said FIU knew about the chat but did not act until the Herald published its reporting.
Witnesses testified that dozens of students contacted FIU after the reporting, saying they feared for their safety. FIU’s attorneys declined to comment outside court.
Both sides must submit more documents before returning for closing arguments on Thursday, Dec. 17.
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