A University of Tennessee Health Science Center pharmacy student, Kimberly Diei, has been awarded a $250,000 settlement after a protracted legal battle stemming from the university’s attempt to expel her for sharing song lyrics by Beyoncé and Cardi B on her personal social media accounts. The case highlights the ongoing debate surrounding freedom of expression, particularly online, and the extent to which educational institutions can regulate student conduct outside of the classroom. Diei’s victory underscores the importance of protecting First Amendment rights and serves as a cautionary tale for universities seeking to discipline students for off-campus activities.
From Social Media Posts to a Federal Lawsuit: The Timeline of Kimberly Diei’s Case
In 2019, the University of Tennessee Health Science Center received an anonymous complaint regarding Diei’s social media activity. The complaint targeted posts featuring lyrics from Cardi B’s “WAP” and Beyoncé’s “Partition,” shared under the pseudonym “KimmyKasi.” Despite Diei not identifying herself as a student or mentioning any affiliation with the university in her posts, officials launched an investigation, deeming the lyrics “crude,” “vulgar,” and “sexual.”
Although the initial investigation did not result in expulsion, a second investigation was initiated in 2020. This time, the university’s professional conduct committee voted to expel Diei, alleging violations of “several professionalism codes.” Diei appealed the decision and subsequently filed a federal lawsuit, contending that the university’s actions infringed upon her constitutional right to free speech.
:max_bytes(150000):strip_icc():focal(399×0:401×2)/Kimberly-Diei-lawsuit-2-013025-5b330d706b6349b798fd3b60f07e2160.jpg)
Diei’s initial lawsuit was dismissed in 2022 after she graduated with her pharmacy degree, rendering some of the lawsuit’s points moot. However, in a significant turn of events, Diei and her lawyer, Greg Greubel of the Foundation for Individual Rights in Education (FIRE), successfully appealed the case in September 2024. The Sixth Circuit Court of Appeals ruled in Diei’s favor, recognizing her First Amendment rights and reversing the lower court’s dismissal. The court found that Diei’s speech did not identify her with the college, was unrelated to her studies, and caused no disruption, therefore falling under First Amendment protection.
A Landmark Settlement: $250,000 and a Victory for Free Speech
Following the successful appeal, a settlement was reached in January 2025. Diei received $180,000, and FIRE received $70,000 for legal fees. This substantial financial award signifies more than just a personal victory for Diei; it represents a significant legal precedent upholding students’ rights to express themselves freely online without fear of unwarranted disciplinary action from their universities.
The Broader Implications: Free Speech in the Digital Age on College Campuses
The Diei case raises critical questions about the boundaries of institutional authority in regulating student speech in the digital age. It underscores the need for universities to carefully consider the implications of their policies on students’ constitutional rights. As social media becomes increasingly intertwined with daily life, the line between on-campus and off-campus conduct blurs. The ruling in Diei’s favor serves as a powerful reminder that students do not shed their First Amendment rights at the school gates, even in the virtual realm.
:max_bytes(150000):strip_icc():focal(399×0:401×2)/Kimberly-Diei-lawsuit-2-013025-5b330d706b6349b798fd3b60f07e2160.jpg)
Diei’s case also highlights the potential chilling effect of overly broad and vague professionalism standards. When universities attempt to regulate students’ personal expression based on subjective interpretations of professionalism, they risk stifling open dialogue and critical thinking. This case serves as a call for greater clarity and transparency in university policies regarding student conduct and free speech. The victory reinforces the crucial role of organizations like FIRE in defending students’ constitutional rights and ensuring that educational institutions respect the fundamental principles of free expression. Diei’s resilience and determination in fighting for her rights have set a powerful example for students nationwide.
Frequently Asked Questions about the Kimberly Diei Case
What were the specific lyrics that led to the complaint against Kimberly Diei? The complaint centered on lyrics from Cardi B’s “WAP” and Beyoncé’s “Partition.” While the exact lyrics cited in the complaint weren’t publicly specified, both songs are known for their explicit content.
What is the Foundation for Individual Rights in Education (FIRE)? FIRE is a non-profit organization dedicated to defending and sustaining individual rights at America’s colleges and universities. These rights include freedom of speech, legal equality, due process, religious liberty, and sanctity of conscience.
What is the significance of the Sixth Circuit Court of Appeals’ ruling? The ruling established a legal precedent affirming students’ First Amendment rights to off-campus expression, particularly on social media, as long as it doesn’t disrupt the educational environment or explicitly identify the student with the institution.
What impact could this case have on other universities? The Diei case could lead universities to re-evaluate their policies regarding student conduct and off-campus speech to ensure they comply with First Amendment protections. It may also discourage institutions from pursuing disciplinary action against students for personal expression on social media. The case underscores the importance of clear and specific guidelines regarding professional conduct, rather than vague and subjective interpretations.
