In 2019, just a month after Kimberly Diei enrolled as a pharmacy student at the University of Tennessee, the college’s professional conduct committee received an anonymous complaint about her explicit social media posts. The university reviewed her posts—written under a pseudonym—which included suggestive interpretations of lyrics from hit songs like WAP by Cardi B and Megan Thee Stallion, and Partition by Beyoncé. The committee deemed the posts vulgar and unprofessional.
Although Diei had not linked her social media presence to the university in any way, her content led to two administrative investigations and nearly resulted in her expulsion. In response, she sought legal assistance from the Foundation for Individual Rights and Expression (FIRE) and sued the university in federal court in February 2021. Her lawsuit argued that, as a state-run institution, the university had violated her First Amendment rights by punishing her for constitutionally protected speech unrelated to her academic activities. She contended that her posts were personal, sex-positive, and had no bearing on her role as a student.
Initially, a district court dismissed her complaint. However, Diei appealed to the US Court of Appeals for the 6th Circuit, requesting a review of the decision. In September 2023, a three-judge panel unanimously ruled in her favor, stating that her speech was “clearly protected by the First Amendment,” according to Reason.
Despite the legal battle, Diei successfully completed her pharmacy studies and graduated from the University of Tennessee. Last week, after four years of litigation, she reached a $250,000 settlement with the university, reports The New York Times.
Now, she is a practicing pharmacist at a Walgreens in Memphis, proving that her social media presence had no impact on her professional capabilities. Reflecting on her experience, Diei has become an advocate for students’ free speech rights, emphasizing the importance of distinguishing personal expression from professional conduct.