The University of Tennessee Health Science Center College of Pharmacy has agreed to pay $250,000 to settle a lawsuit brought by former student Kimberly Diei, who alleged the university violated her First Amendment rights by threatening her with expulsion over social media posts.
Diei, who pursued a Doctor of Pharmacy degree at UT, filed suit in 2021 after the university initiated two separate investigations into posts she shared on X (formerly Twitter) under the pseudonym “KimmyKasi.”
The posts included lyrics from Cardi B’s WAP and references to Beyoncé’s Partition. University officials deemed her content “crude,” “vulgar,” and “sexual,” asserting that it was inconsistent with professional standards.
Diei’s complaint, filed with the support of the Foundation for Individual Rights and Expression (FIRE), argued that the university’s actions constituted unconstitutional censorship of her personal, off-campus speech.
Federal Court Ruling and Settlement Terms
In September 2023, the U.S. Court of Appeals for the Sixth Circuit ruled in favor of Diei, reversing an earlier district court decision that dismissed her lawsuit. The appellate court found that UT’s actions infringed on Diei’s constitutional right to free expression.
Following the ruling, UT opted to settle the case rather than proceed with further litigation. Under the terms of the settlement, the university will pay Diei $250,000, covering damages and legal fees.
Greg H. Greubel, FIRE’s attorney representing Diei, made the following comments about the case’s significance:
“This settlement affirms that public universities cannot police students’ personal lives or censor their legally protected speech simply because administrators find it distasteful. The First Amendment does not permit such overreach.”
University’s Response and Legal Precedent
Melissa Tindell, a spokesperson for the University of Tennessee, declined to comment on the settlement, stating, “It is our general practice to refrain from commenting on legal matters.”
The case sets a significant precedent for student free speech rights, particularly in professional and graduate programs where universities have attempted to regulate online behavior. Legal experts note that this settlement reinforces prior rulings affirming that public institutions must uphold students’ constitutional rights, even when speech occurs outside the classroom.
Diei’s Response and Future Plans
Diei, who graduated from UT and is now a practicing pharmacist at a Walgreens in Memphis, expressed relief over the settlement, describing the legal ordeal as both stressful and life-altering.
“I wanted to send a message that students, especially those in professional programs, should not have to choose between their education and their right to free expression,” she told USA TODAY.
With the settlement funds, Diei plans to pay off student loans and invest in her future. She also took to Instagram following the announcement, writing:
“Thank you for giving me 250,000 reasons to smile.”
Legal and Educational Implications
The settlement highlights the growing legal tension between universities’ professional conduct policies and students’ constitutional rights. Institutions of higher education, particularly public universities, may face increased scrutiny in their disciplinary practices related to social media activity.
FIRE, which has long advocated for student free speech protections, views the case as a landmark victory in ensuring universities do not exceed their authority in policing students’ personal lives.
