A former University of Tennessee pharmacy student has secured a $250,000 settlement after alleging that the university violated her First Amendment rights by nearly expelling her over social media posts featuring lyrics from Cardi B’s hit song WAP.
Kimberly Diei sued UT’s Health Science Center College of Pharmacy in 2021 after her posts on X, formerly Twitter, prompted two administrative investigations.
The university deemed her content—shared under the pseudonym “KimmyKasi”—as “crude,” “vulgar,” or “sexual.” Diei argued that the school had no right to police her personal social media activity outside of the classroom.
The Foundation for Individual Rights and Expression (FIRE), which represented Diei, announced the settlement on Wednesday, Jan. 29, 2025. Her attorney, Greg H. Greubel, spoke about the broader implications of the case:
“Kim has proven something FIRE 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.”
The case drew national attention after the U.S. Court of Appeals for the Sixth Circuit ruled in Diei’s favor, overturning a lower court’s decision that initially dismissed her lawsuit. The federal appellate ruling reinforced that public institutions cannot discipline students for legally protected speech.
University Faces Scrutiny Over Censorship
Diei, a University of Chicago graduate who pursued a Doctor of Pharmacy degree at UT, became the subject of university discipline in 2020 after she posted lyrics from WAP and referenced Beyoncé’s Partition in another post.
The university initiated disciplinary action, arguing the content was unprofessional.
Diei maintained that the university’s actions infringed on her constitutional rights, stating:
“I don’t think it’s right, especially for a public institution, to police what you’re doing outside of the classroom as long as you’re acting within the confines of the law.”
Melissa Tindell, a spokesperson for the University of Tennessee, declined to comment on the legal settlement.
A Hard-Fought Victory and a Bright Future
Despite the legal battle, Diei successfully completed her pharmacy degree and now works as a pharmacist at a Walgreens in Memphis, Tennessee.
She expressed relief over the settlement, noting that the ordeal caused significant stress and uncertainty about her future:
“There were many nights where I didn’t know what my future would look like. To have been able to make it through school, graduate with honors, and be fully employed—it really ended in the best way possible.”
With her settlement funds, Diei plans to pay off student loans, invest in stocks, and take a celebratory vacation. She recently shared a statement on Instagram, seemingly addressing her critics:
“It’s at this time that I want to sincerely extend a shout out to my haters… I hope my continued success eats you up inside and you think about me every single time you log on.”
“Thank you again for giving me 250,000 reasons to smile.”
Legal and Cultural Implications
Diei’s case underscores ongoing debates about student rights, social media censorship, and the limits of university authority.
The ruling serves as a precedent for other students facing disciplinary action over personal expression online.
FIRE’s involvement in the case reinforces its longstanding position that universities, particularly public institutions, must uphold students’ constitutional rights.
