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• The University of Tennessee’s pharmacy school twice investigated a grad student for her sex-positive social media posts.
• UT voted to expel her from her doctoral program — but reversed its decision when ��ݮ��ƵAPP���� intervened.
• Today’s settlement is a warning to colleges around the country: If you police students’ personal online expression, there will be consequences.
• Student: ‘We all need to speak up when someone tries to take our rights away — our voice is way too powerful to let anyone shut it down.’

MEMPHIS, Tenn., Jan. 29, 2025 — After her First Amendment lawsuit set precedent last fall for student free speech rights, Memphis pharmacist Kimberly Diei agreed to a $250,000 settlement with the University of Tennessee. 

School administrators twice investigated and nearly expelled Diei over her sex-positive social media posts on her personal account. Concerned she and other students would face future investigations for speech fully protected by the First Amendment, Kim connected with the ��ݮ��ƵAPP���� to sue UT on her behalf in 2021. 

“UT’s pharmacy school learned an important lesson today,” said ��ݮ��ƵAPP���� attorney Greg H. Greubel. “There is nothing unprofessional about students expressing love of hip-hop and their sexuality on social media. Kim has proven something ��ݮ��ƵAPP���� has said for 25 years: 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.”

COURTESY PHOTOS OF KIM DIEI

Just a month into her studies in September 2019, UT’s pharmacy school investigated Kim for her social media content focused on sexuality, fashion, and music. The college justified the investigation by using vague “professionalism” standards — standards it never provided to Kim — but ultimately dropped that first investigation. 

In one tweet, Kim 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, she posted a selfie and referenced lyrics from a popular Beyoncé song.

Unfortunately, Kim’s ordeal was not unique. For years, colleges around the country have wielded professionalism codes against students for their expression even when the student’s speech has no bearing on their ability to succeed in a given field. Kim’s posts were wholly separate from the college, as her accounts operated under a pseudonym and did not reveal her then-identity as a student. 

Yet by the following year, Kim was under a second investigation, and UT administrators voted to expel her. In the midst of preparing for exams, she appealed to the dean, who reversed the decision after hearing from ��ݮ��ƵAPP����. Then, ��ݮ��ƵAPP���� sued on behalf of Kim in February 2021.

“I wasn’t about to let my university get away with silencing me or any other student for speaking our truth,” Kim said. “Staying positive while fighting for my rights for years wasn’t easy, but it was necessary. We all need to speak up when someone tries to take our rights away — our voice is way too powerful to let anyone shut it down.”

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. 

In 2024, a federal appeals court agreed, ruling that her expression — which administrators called “sexual,” “crude,” and “vulgar” — was “clearly protected” by the First Amendment. Crucially, in a blow to the qualified immunity that often shields government actors from paying damages for violating constitutional rights, the court emphasized that previous Supreme Court precedent and prior Sixth Circuit rulings put “beyond debate” that the First Amendment protects Kim’s speech.

“Students don’t give up their free speech rights the day they sign up for grad school,” said ��ݮ��ƵAPP���� attorney JT Morris. “Without ��ݮ��ƵAPP����, 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.”

The ��ݮ��ƵAPP���� (��ݮ��ƵAPP����) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. ��ݮ��ƵAPP���� educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

CONTACT:

Daniel Burnett, Senior Director of Communications, ��ݮ��ƵAPP����: 215-717-3473; media@thefire.org

PRONUNCIATION GUIDE:

Kimberly Diei (DEE-ay)

Greg Greubel (GRU-bul)