Kimberly Diei, a former University of Tennessee pharmacy student, secured a $250,000 settlement after successfully arguing that the university violated her First Amendment rights. The case centered on a social media post Diei shared under the pseudonym "KimmyKasi," which included lyrics from Cardi B's hit song "WAP." The post led to threats of expulsion from the university, which deemed it "crude," "vulgar," or "sexual." The settlement was announced Wednesday, marking a significant victory for Diei and free speech advocates.
Diei's post, which featured lyrics from "WAP" and tagged artists Cardi B and Megan Thee Stallion, resulted in two administrative investigations by the university. Feeling unjustly targeted, Diei filed a lawsuit against UT's Health Science Center College of Pharmacy in 2021, claiming her First Amendment rights were infringed. Initially, a district court dismissed her suit in August 2023. However, the U.S. Court of Appeals for the 6th Circuit reversed this decision in September, favoring Diei and the Foundation for Individual Rights and Expression (FIRE).
The legal ordeal did not deter Diei from achieving academic success. She graduated from UT's pharmacy school and is now a practicing pharmacist at a Walgreens store in Memphis, Tennessee. Reflecting on her journey, she expressed relief and gratitude for the outcome.
"There were many nights and many moments throughout this whole ordeal where I didn't know what my future would look like. To have been able to make it through school, graduate with honors and I'm fully employed, I think it really ended in the best way possible." – Diei
Diei plans to use her settlement funds wisely—paying off student loans, saving for future needs, investing in stocks, and indulging in a well-deserved vacation.
"I'm definitely going to take a nice trip to truly celebrate not only graduating but just doing so with all the stuff I had to go through just to get the degree," – Diei
"Somewhere tropical on a yacht with a drink in my hand." – Diei
Despite maintaining relationships with specific faculty members, Diei's experiences have left her less than fond of the university, exacerbated by the legal proceedings and the COVID-19 pandemic. Nevertheless, she maintains a positive outlook on her achievements.
"Thank you again for giving me 250,000 reasons to smile." – Diei
"It's at this time that I want to sincerely extend a shout out to my haters… I hope my continued success in the future eats you up inside and you think about me every single time you log on." – Diei
Diei's attorney, Greg H. Greubel, emphasized the broader implications of the case for student expression.
"UT’s pharmacy school learned an important lesson today. There is nothing unprofessional about students expressing love of hip-hop and their sexuality on social media." – Greg H. Greubel
"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," – Greg H. Greubel
The University of Tennessee has chosen not to comment on the legal proceedings.
"It is our general practice to refrain from commenting on legal matters." – Melissa Tindell
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