Kimberly Diei, a pharmacy student at the University of Tennessee, has emerged victorious after enduring significant legal battles over her personal social media posts, resulting in a $250,000 settlement with the university. This settlement marks not only a financial victory for Diei but also emphasizes the importance of free speech rights for students at public institutions.
Diei's challenges began just one month after she enrolled at the University of Tennessee Health Science Center (UTHSC). An anonymous complaint about her explicit social media posts, which she shared under the pseudonym KimmyKasi, led to investigations by the university's Professional Conduct Committee. The posts included interpretations and suggestions relating to popular hip-hop songs, such as Cardi B's "WAP" and Beyoncé's "Partition." Despite the lack of any direct reference to her identity as a student, administrators deemed her content vulgar and unprofessional.
The first investigation took place in September 2019, concluding with no expulsion. Nevertheless, Diei faced another inquiry the following year after the committee received another complaint, resulting this time in recommendations for expulsion. Fortunately, the decision was later overturned by the college's dean, but the stress of the ordeal prompted Diei to seek legal help from the Foundation for Individual Rights and Expression (FIRE).
FIRE took up Diei's cause and filed a federal lawsuit against the university. The lawsuit claimed her First Amendment rights had been violated, arguing the university's investigations and disciplinary actions were unconstitutional. "The College of Pharmacy's professionalism policies are unconstitutional on their face," said FIRE, emphasizing the vague nature of these policies and how they were applied to Diei.
Despite the initial dismissal of her case, Diei appealed to the U.S. Court of Appeals for the 6th Circuit. The court unanimously ruled last September, affirming Diei's First Amendment rights and recognizing her social media expressions as protected speech, regardless of the university's perceptions of professionalism.
"Diei's speech... was clearly protected by the First Amendment," stated the appeals court, linking her situation to earlier Supreme Court rulings concerning students' rights. This ruling drew from the precedent set by the June 2021 case involving Brandi Levy's profane Snapchat complaint, underscoring the idea public schools must tread carefully when addressing off-campus speech.
Reflecting on her long fight, Diei stated, "I wasn’t about to let my university get away with silencing me or any other student for speaking our truth." Her experience has sparked her to become an advocate for the rights of students, emphasizing the necessity for individuals to voice their opinions freely without fear of repercussions.
Following the settlement announcement on January 30, 2025, FIRE attorney Greg H. Greubel remarked, "UT's pharmacy school learned an important lesson today... Kim has proven something FIRE has said for 25 years: The First Amendment protects students' rights to have a voice outside of school, even if college administrators don't like what they have to say." This victory not only signifies personal triumph for Diei but sends a strong message to educational institutions across the nation about the importance of respecting students' rights to free expression.
Diei, now working as a pharmacist at Walgreens in Memphis, has successfully completed her pharmacy studies, proving her online presence had no bearing on her professional capabilities. She intends to use her settlement funds to address student loans and reward herself with some well-deserved relaxation.
This case sets precedence for student rights at public universities, highlighting the need for institutions to differentiate between personal expression and academic professionalism. Diei's story is not just one of individual success; it is also about the broader implication for students everywhere advocating for their rights and freedom of speech.