Memphis, tenn., January 29, 2025 – After his set of prosecution in the first amendment previous Last fall for the rights to the freedom of expression of students, the pharmacist of Memphis, Kimberly Diei, accepted a $ 250,000 regulations with the University of Tennessee.
School administrators investigated twice and almost expelled Diei on his publications on positive social networks on his personal account. Concerned that she and other students should face future speech surveys entirely protected by the first amendment, Kim connected to the foundations of individual rights and expression prosecute On his behalf in 2021.
“UT’s pharmacy school has learned an important lesson today,” said fire lawyer Greg H. Greubel. “There is nothing non-professional in students expressing the love of hip-hop and their sexuality on social networks. Kim has proven something that Fire said for 25 years: the first amendment robustly protects the rights of students from having a voice outside the school, even if the administrators of the colleges do not like what they have to say. »»
Courtesy Photos of Kim Diei
Just a month after studying in September 2019, the UT pharmacy school studied Kim for its content on social networks focused on sexuality, fashion and music. The college has justified the survey using waves of “professionalism” – standards that it has never provided to Kim – but finally abandoned this first investigation.
In one tweetKim contributed to a trendy discussion on Twitter on the song “WAP” by Cardi B and Megan Thee Stallion, suggesting words for a possible remix. In anotherShe posted a selfie and refers to the lyrics of a popular song by Beyoncé.
Unfortunately, Kim’s test was not unique. For years, the country’s colleges have exercised professionalism codes against students for their expression even when the student’s speech has no impact on their ability to succeed in a given area. Kim’s posts were completely separated from the college, because her accounts worked under a pseudonym and did not reveal his identity then as a student.
However, the following year, Kim was under a second The UT investigation and administrators voted to expel it. In the midst of the preparation of the exams, she called on the dean, who canceled the decision after audience fire. Then the fire heard On behalf of Kim in February 2021.
“I was not about to let my university get away by silencing or any other student for saying our truth,” said Kim. “Staying positive by fighting for my rights for years was not easy, but it was necessary. We must all talk when someone tries to withdraw our rights – our voice is far too powerful to let someone close it. »»
Kim’s publications have complied with the policies of social media sites and implied the expression that the first amendment completely prevents public universities from investigating and punishing.
In 2024, a federal court of appeal agreed, judging that his expression – that the administrators called “sexual”, “raw” and “vulgar” – was “clearly protected” by the first amendment. Above all, in a blow to qualified immunity which often protects the actors of the government to pay damages for violation of constitutional rights, the court stressed that the previous decisions of the Supreme Court and the previous decisions of the sixth circuit “Beyond the debate” that the first amendment protects Kim’s speech.
“Students do not abandon their rights to freedom of expression the day they register for higher education,” said the fire lawyer, JT Morris. “Without fire, UT could have derailed the entire Kim’s professional career. We were proud to fight for Kim. His victory will help protect students everywhere against campus censors in public universities. »»
The foundation of individual rights and expression (fire) is a non -profit non -support organization dedicated to the defense and maintenance of individual rights of all Americans to freedom of expression and free thought – most essential qualities of freedom. The fire educates Americans on 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 Communications Director, Fire: 215-717-3473; media@thefire.org
Pronunciation guide:
Kimberly Diei (Dee-Ay)
Greg Greubel (Gru-Bul)
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