Social Media Lawsuit Victory: Ex-Tennessee Pharmacy Student Awarded $250K Over ‘WAP’ Case
A former pharmacy student from the University of Tennessee was awarded $250,000 after claiming that her First Amendment rights were violated when the school threatened to expel her over a social media post. The post, which contained lyrics from Cardi B’s popular song WAP, led to an investigation by the college, sparking a legal battle.
Kimberly Diei filed the lawsuit against the University of Tennessee’s Health Science Center College of Pharmacy in 2021, after her post on X (formerly known as Twitter) triggered two separate administrative inquiries. The college initially took issue with the post, which she shared under the pseudonym “KimmyKasi,” labeling it as “crude,” “vulgar,” and “sexual.” The university’s actions, according to Diei’s lawsuit, nearly resulted in her expulsion, prompting her to seek legal redress for what she viewed as a breach of her constitutional rights.
In her lawsuit, Diei argued that the University of Tennessee was infringing upon her constitutional rights by attempting to regulate her personal expression on social media, which took place off-campus. She contended that the university was overstepping its bounds by policing her online activities, which were not directly related to her academic conduct.
The settlement, which was announced on Wednesday, was made public by the Foundation for Individual Rights and Expression (FIRE), alongside Diei’s attorney, Greg H. Greubel. Greubel emphasized that the pharmacy school at UT had learned a crucial lesson, asserting that there was nothing inherently unprofessional about students expressing their love for hip-hop or their sexuality on social media platforms.
Greubel further highlighted that this case reinforced FIRE’s long-standing belief that the First Amendment strongly protects students’ rights to express themselves freely outside of school, even if their views or actions do not align with what college administrators may personally approve of. Through this legal victory, Diei’s case underscored the importance of safeguarding free speech for students in a digital age.
In an interview with USA TODAY on Thursday, Diei shared her perspective on the case, explaining that her primary goal from the start was to make it clear that individuals are entitled to maintain a personal life, even if they are working professionals. She expressed that it was unfair for a public institution to scrutinize or regulate what students do outside of the classroom or their academic environment, as long as their actions are within legal boundaries. Diei firmly believed that such personal activities should not be subject to the oversight of the university, especially when they do not directly impact their professional or academic responsibilities.
On Thursday, Melissa Tindell, a spokesperson for the University of Tennessee, told USA TODAY that the university typically follows a policy of not commenting on ongoing legal issues. She emphasized that it is their standard practice to refrain from providing statements or details about legal matters that are currently being addressed.
The social media post at the center of the controversy featured lyrics from WAP, a song by Cardi B that gained significant attention for its explicit content. The track quickly became one of the most sexually explicit songs to ever reach the top of the Billboard Hot 100 charts in the United States, sparking widespread discussion and debate about its bold lyrics and provocative themes.
Diei, who graduated from the University of Chicago and was enrolled in the Doctor of Pharmacy program at the University of Tennessee, shared the lyrics of WAP in 2020 on her social media, tagging both Cardi B and Megan Thee Stallion, the latter being a featured artist on the track. The post was part of a larger pattern of social media activity where Diei also referenced other songs in ways that drew attention.
For instance, in a separate post, she alluded to Beyoncé’s Partition, stating, “Spent all this time getting my hair done just for your man to (expletive) it up,” referencing a line from the song. These posts, which blended personal expression with pop culture references, eventually became the focal points of the investigation initiated by the University of Tennessee.
In September, the U.S. Court of Appeals for the 6th Circuit delivered a victory for Diei and the Foundation for Individual Rights and Expression (FIRE) by overturning a previous decision made by a district court in August 2023. The district court had dismissed Diei’s lawsuit, arguing that her social media posts did not fall under the protections of the First Amendment. However, the appeals court disagreed, ruling in favor of Diei, affirming her right to free expression.
Diei expressed her satisfaction with the ruling in a statement released by FIRE, saying, “This ruling confirms what I’ve known all along.” She emphasized that she has the right to express herself in her personal life, which should be separate from her academic life, and that her classmates should also be entitled to the same freedom. Diei further asserted that she enrolled in pharmacy school with the intention of learning, not to have her personal tastes, such as her choice in music, or her opinions on culture, scrutinized or policed by the institution.
Diei, who successfully completed her Doctor of Pharmacy degree at the University of Tennessee’s pharmacy school, is now working as a licensed pharmacist at a Walgreens in Memphis, Tennessee, as she shared during her interview with USA TODAY on Thursday.
Reflecting on the journey, Diei expressed a sense of relief, saying, “I’m relieved.” She recalled the many sleepless nights and moments of uncertainty she experienced throughout the legal battle, unsure of what her future might hold. However, she was ultimately able to finish her education, graduate with honors, and secure full employment. She believes the outcome of her situation was the best possible resolution, emphasizing her resilience and the positive turn her life has taken.
Looking ahead, Diei shared that she intends to focus on the positive aspects that emerged from what she described as an “unfortunate and traumatic event.” She pointed out that the legal battle ultimately brought her financial stability, including the ability to pay off her student loans, build savings for unexpected situations, invest in stocks, and even treat herself to a well-deserved vacation. Reflecting on her plans, Diei expressed excitement about taking a trip to celebrate her accomplishments. “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,” she said, adding that she envisions a tropical getaway, perhaps on a yacht, with a drink in hand to mark the occasion.
Despite having graduated from the University of Tennessee and maintaining relationships with certain faculty members, Diei admitted that she is no longer fond of the institution. She attributed her negative feelings to the prolonged legal struggle and the additional stress caused by the COVID-19 pandemic, which had placed significant pressure on healthcare workers, including herself.
After the settlement announcement on Wednesday, Diei took to her Instagram account, “Kimmy Kasi,” to share a post where she expressed her thoughts on the outcome. She wrote, “At this time, I want to sincerely give a shout out to my haters… I hope that my future success eats you up inside, and that you think about me every single time you log on.” With this message, Diei appeared to address those who doubted her throughout her legal battle, implying that her continued achievements would serve as a reminder of her resilience.
The post went on to say, “Karma will take care of you far better than I ever could, so please stay anonymous, as I have no desire to be tempted.” Diei further expressed her gratitude, adding, “Thank you again for giving me 250,000 reasons to smile,” referencing the financial settlement she received as a result of the legal victory. Her words seemed to reflect a sense of closure and satisfaction, as she let go of any lingering negativity while acknowledging the positive outcome of the situation.
Social Media Lawsuit Victory: Ex-Tennessee Pharmacy Student Awarded $250K Over ‘WAP’ Case
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