Kimberly Diei – Memphis Flyer

The University of Tennessee Health Science Center has settled in a First Amendment case involving a pharmacy student’s “sex-positive” social media post.

Kimberly Diei, a Memphis pharmacist, agreed to a $250,000 settlement after filing a lawsuit against the university in a case of free speech.

The suit was filed in 2021 by Diei and the Foundation for Individual Rights and Expression (FIRE) after the student was investigated for tweets made in 2020 on Twitter( now X) regarding the song “WAP” by rappers Megan Thee Stallion and Cardi B. FIRE also said the school received complaints about another tweet Diei made referencing a Beyoncé song.

According to FIRE, an initial investigation was launched in 2019 by the university on the grounds of “professionalism” but was eventually dropped. However, the tweets involving “WAP” lead to another investigation, where UT administrators voted to expel her.

Diei made the tweets under pseudonym “KimmyKasi,” which court documents said never identified her as a UTHSC student. Nevertheless, Diei was notified by school officials that they had received a complaint and the tweets were deemed “ a serious breach of the norms and expectations of the profession,”

UTHSC’s Professional Conduct Committee never told Diei exactly which school policies she violated nor which posts were in question, according to FIRE.

“The First Amendment robustly protects students’ rights to have a voice outside of school, even if college administrators don’t like what they have to say,” FIRE said in a statement.

Diei appealed the decision, which was then reversed after FIRE sued the school in February 2021. Three years later, a federal appeals court ruled that the tweet, which was referred to as “sexual” and “vulgar” by the administration was protected by the First Amendment.

“Kim’s posts complied with the social media sites’ policies and involved expression that the First Amendment squarely prevents public universities from investigating and punishing,” FIRE said in a statement, adding that there is nothing “unprofessional about students expressing love of hip-hop and their sexuality on social media.”

“Students don’t give up their free speech rights the day they sign up for grad school,” FIRE attorney JT Morris said. “Without FIRE, UT could have derailed Kim’s whole professional career. We were proud to fight for Kim. Her win will help protect students everywhere from campus censors at public universities.”

Kimberly Diei UTHSC Student Courtesy of FIRE

A University of Tennessee Health Science Center (UTHSC) pharmacy student sued the university in federal court this week, alleging it violated her First Amendment rights for “crude” and “sexual” social media posts.

Kimberly Diei filed a First Amendment lawsuit against the school Wednesday with help from the Foundation for Individual Rights in Education (FIRE). The move came after the student was reprimanded by the school for some of her social posts, including comments on a trending discussion on Twitter about the song “WAP” by Cardi B and Megan Thee Stallion.

In September 2019, a month after enrolling at UTHSC, the school received an anonymous complaint about Diei’s Instagram and Twitter accounts — and that she was now under investigation for that content, according to FIRE.

Diei went before the college’s Professional Conduct Committee (PCC). Although her accounts are operated under an alias, the committee said that she violated university policies because her posts were “crude” and “sexual.” The Professional Conduct Committee never told Diei exactly which school policies she violated nor which posts were in question, according to FIRE.

Kimberly Diei UTHSC Student Courtesy of FIRE

“It’s just a matter of time before they come back for another investigation into my expression on social media,” said Diei, who is seeking her doctorate in pharmacy with an emphasis on nuclear pharmacy.

Diei is backed by the Foundation for Individual Rights in Education (FIRE). Diei’s suit argues that colleges cannot arbitrarily police a student’s personal expression outside of school and by doing so, violates her First Amendment rights.

“UT spied on my social media activity — activity that has no bearing on my success as a pharmacist or my education. I can be a successful and professional pharmacist as well as a strong woman that embraces her sexuality. The two are not mutually exclusive,” says Diei.

Diei was required to write a letter reflecting on her behavior. She agreed, although she had reservations about the policy violating her First Amendment rights.

“It’s so important to me to just have my voice, because people that look like me are often told ‘be quiet, stay in the back,’ and that just does not suit my personality,” Diei said. “I’m not asking for approval. I’m asking for respect.”

August 2020, less than a year later, the committee investigated Diei again. They presented screenshots from her social media accounts. In one tweet, Diei contributed to a trending discussion on Twitter about the song “WAP” by Cardi B and Megan Thee Stallion, suggesting lyrics for a possible remix. In another, Diei referenced a popular Beyoncé song.

“The First Amendment protects the right of students to suggest lyrics for a Cardi B remix on Twitter and Instagram. Period,” said FIRE attorney Greg H. Greubel. “Kim is an authentic and successful woman, and FIRE believes that it is important to show the public that students like Kim are capable of being successful professionals while also being free to personally express themselves on social media. Kim is standing up for every American who hopes to have a personal life in addition to their professional life.”

A UTHSC official said Friday the school does not comment on pending litigation.