Federal Appeals Court Upholds Student’s Social Media Rights

Free Speech Paramount: Federal Appeals Court Upholds Student’s Social Media Rights

A federal appeals court has ruled in favor of a Memphis graduate student, upholding her First Amendment rights to express herself online. The University of Tennessee Health Science Center had temporarily expelled Kimberly Diei over social media posts made on her private accounts in late 2020, a decision now reversed.

Court’s Determination: Protected Speech

The 6th Circuit Court of Appeals determined that Diei’s social media posts, which bore no connection to the university, could not be used as grounds for academic punishment. The ruling emphasized that the posts did not disrupt the school environment or identify Diei with the university.

Student’s Perspective: Free Expression

“This ruling confirms what I’ve known all along,” Diei stated. “I have a right to express myself in my private life that’s separate from school.” She emphasized the distinction between her professional and personal spheres and rejected the university’s attempts to regulate her taste in music and cultural views.

University’s Actions: Investigation and Expulsion

Diei faced two investigations from university administrators regarding her social media posts, prompting an expulsion vote from the school’s Professional Conduct Committee. The committee cited her posts as violations of professional behavior requirements, which Diei claimed she had never received.

Legal Action: Lawsuit and Amicus Brief

Following the expulsion, Diei and the Foundation for Individual Rights and Expression (FIRE) filed a lawsuit against the university. The lawsuit was initially dismissed in August 2023, but Diei appealed the decision. The Stanton Foundation First Amendment Clinic at Vanderbilt Law School subsequently filed an amicus brief in support of Diei’s case.

FIRE’s Support: Protecting Speech

FIRE praised the appeals court’s decision as a victory for free speech rights. Senior attorney Greg Greubel emphasized that a student’s personal expression should not impact their professional abilities. “Kimberly stood up for every American who hopes to have a personal life in addition to their professional life,” he stated.

Educational Institutions’ Responsibility

Jennifer Safstrom, director of the Stanton Foundation First Amendment Clinic, highlighted the dangers of suppressing protected expression in higher education. She warned that allowing schools to punish students for online speech perceived as distasteful or lewd would create a chilling effect on free discussion within academia.

Ongoing Developments

The University of Tennessee Health Science Center has not yet commented on the court’s decision. The case remains a focus of attention as it raises important questions about the limits of university authority over student speech and the importance of protecting individual rights in the digital age.