Former Pharmacy Student Settles Lawsuit Against School Over Social Media Posts

A fascinating case that began in 2021 has finally settled, with pharmacist Kimberly Diei receiving $250 000 from her former pharmacy school.

The Case

Diei was enrolled in a PharmD program at the University of Tennessee for only a month when the school received an anonymous complaint about her social media posts. The school investigated the social media posts, which included explicit rap lyrics and images of Diei in revealing clothing, concluding that the posts were unprofessional and vulgar. The school threatened to expel her.

Diei, who posted under a pseudonym, argued that the posts were sex-positive, fun, and unconnected to her status as a pharmacy student. She filed a lawsuit against the school in February 2021, with the help of a pro bono attorney from the Foundation for Individual Rights and Expression, a free-speech advocacy group. Diei argued that the school had violated her constitutional right of free expression.

Her complaint was initially dismissed by the district court, but she appealed. In fall 2024, the appellate court found that her speech was protected by the First Amendment and allowed the case to go forward.

University Settles

In January 2025, Diei, who had since graduated from the pharmacy program and was a practicing pharmacist, reached a settlement with the university. The institution agreed to pay $250 000 to resolve the case, and Diei agreed to release all claims against the school.

The Takeaway

This case may have had a different outcome if Diei’s posts had been directly related to pharmacy or if she had used her real name. In general, it is a very good idea to be judicious about what you post on social media, knowing that your employer, patient, or colleague may see it.

References

Diei v Boyd. No 23-5771. United States Court of Appeals; 2024. https://law.justia.com/cases/federal/appellate-courts/ca6/23-5771/23-5771-2024-09-17.html