Thu Sep 19 07:00:00 UTC 2024: ## University of Tennessee Pharmacy Student’s Social Media Posts Protected by First Amendment, Appeals Court Rules

**Knoxville, TN** – A federal appeals court has ruled that a University of Tennessee pharmacy student’s social media activity, deemed “vulgar” by a university committee, was likely protected by the First Amendment.

Kimberly Diei, a former doctoral student, was facing expulsion in 2020 after a professionalism committee determined her social media posts were unprofessional and inappropriate. The posts, made under a pseudonym, included references to sex work, sexuality, and popular culture.

The university’s expulsion decision was initially upheld by a lower court, but the Sixth Circuit Court of Appeals reversed that decision on Tuesday, finding that the university had failed to demonstrate a legitimate educational reason for punishing Diei’s off-campus speech.

“A university cannot use a policy to punish student speech if the university has no legitimate educational reason for doing so,” wrote Judge Chad A. Readler in the ruling. He noted that Diei’s posts were not related to her studies, caused no disruption to the university, and did not violate any known policies.

The court’s decision paves the way for Diei to continue her lawsuit against university officials, including the committee chair, the university president, and board members. Diei, who has since graduated and become a pharmacist, is seeking damages for the alleged violation of her First Amendment rights.

“These professional standards are for your job, they’re not for your personal life,” said Greg Greubel, an attorney representing Diei. He argues that universities often use these standards to silence student speech, despite the fact that it may be protected under the First Amendment.

The case highlights the ongoing debate about the scope of free speech protections on public college campuses, particularly in the digital age. The court’s ruling in favor of Diei sets a precedent that could impact future cases involving student expression on social media.

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