In a significant legal victory, Kimberly Diei, a pharmacy student, received a $250,000 settlement after facing potential expulsion for her social media posts. The court ruled that her personal online expressions had no connection to her academic institution and could not be grounds for disciplinary action. Initially investigated in 2019 and 2020 for sharing lyrics from artists like Beyoncé and Cardi B, Diei was accused of violating professionalism codes. However, the lawsuit she filed in January 2025 argued that her constitutional rights were being violated by regulating her off-campus speech. The appeal in September 2024 confirmed her right to free expression, leading to the substantial financial settlement.
Kimberly Diei's journey began with an anonymous complaint in 2019 about her social media activity. University officials twice investigated her posts, labeling them as "crude," "vulgar," or "sexual." Despite these findings, Diei was not expelled following the initial investigation. However, in 2020, the school’s professional conduct committee voted for her expulsion, prompting her to file a federal lawsuit. The suit alleged that the university was infringing on her constitutional rights by monitoring her personal, off-campus expression. This led to a prolonged legal battle that culminated in a favorable ruling for Diei.
Diei's case hinged on the argument that her social media content did not identify her as a student at the University of Tennessee Health Science Center and had no affiliation with the university. Her posts under the pseudonym "KimmyKasi" included lyrics from popular songs by Beyoncé and Cardi B. The court acknowledged that Diei plausibly alleged a free speech violation, reversing part of the earlier decision and remanding the case. The ruling emphasized that unless there was a genuine educational purpose, her communications fell within First Amendment protection. This legal win confirmed Diei's belief in her right to express herself privately without interference from her academic institution.
After years of legal struggle, Kimberly Diei emerged victorious with a $250,000 settlement. The court's decision underscored the importance of protecting students' rights to free expression outside of their academic environment. The settlement included two checks: one for $180,000 payable to Diei and another for $70,000 to the Foundation for Individual Rights and Expression. This outcome not only provided financial compensation but also set a precedent for future cases involving similar issues of personal expression versus institutional policies.
The settlement highlighted the broader implications of Diei's case for students across the country. It reinforced the principle that personal social media activity should not be subject to institutional scrutiny unless it directly impacts the academic environment. Diei's lawyer, Greg Greubel, emphasized that this ruling confirmed the unconstitutional application of professionalism policies against Diei. For Diei, this victory affirmed her right to separate her private life from her academic pursuits. She expressed relief and satisfaction, stating that she enrolled in pharmacy school to learn, not to have her cultural interests and personal expressions policed. This case serves as a landmark example of the ongoing debate over the boundaries between personal freedom and institutional authority.