Diei v. Boyd; University of Tennessee Health Sciences Center: Student Investigated and Punished for Social Media Posts

Diei v. UTHSC Complaint

Professionalism standards are for your job, not your personal life. Yet the University of Tennessee Health Science Center College of Pharmacy ignored this when its Professional Conduct Committee twice investigated doctoral student Kimberly Diei for her protected speech– personal social media posts. 

The committee alleged her posts on sex, fashion, and popular culture were too “crude,” “vulgar,” and “sexual” for a pharmacy student. But what a young woman says about sex on social media has nothing to do with her ability to become a pharmacist. After its second investigation, the Committee voted to expel Diei from the College of Pharmacy. That’s when FIRE got involved by sending a letter warning the College that their actions violated Diei’s First Amendment rights. 

After FIRE’s letter, officials reversed the decision to expel her. Fearing the Committee would vote to expel her again, Diei teamed up with FIRE again to sue the University and its officials and challenge the constitutionality of the College of Pharmacy’s vague professionalism policies and disciplinary actions against her. 

A federal court in Tennessee dismissed Diei’s lawsuit nearly three years after the vote to expel Diei and after she graduated from the College, holding that her social media posts were not protected speech. FIRE and Diei then appealed. On September 17, 2024, the U.S. Court of Appeals for the Sixth Circuit revived Diei’s lawsuit, ruling that the First Amendment protected her social media posts. The court also ruled that College administrators were not entitled to qualified immunity, a doctrine that can shield officials from accountability when they violate constitutional rights. The lawsuit will continue, with FIRE fighting to protect Diei’s freedom of speech.