UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ KIMBERLY DIEI, │ Plaintiff-Appellant, │ > No. 23-5771 │ v. │ │ RANDY BOYD, et al., │ Defendants-Appellees. │ ┘ Appeal from the United States District Court for the Western District of Tennessee at Memphis. No. 2:21-cv-02071—John Thomas Fowlkes, Jr., District Judge.

Argued: May 2, 2024

Decided and Filed: September 17, 2024

Before: LARSEN, READLER, and DAVIS, Circuit Judges. _________________

COUNSEL ARGUED: Greg H. Greubel, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant. Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees. ON BRIEF: Greg H. Greubel, Katlyn A. Patton, JT Morris, Paul A. Ruiz, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, Philadelphia, Pennsylvania, for Appellant. Caitlyn Luedtke Elam, UNIVERSITY OF TENNESSEE, Knoxville, Tennessee, for Appellees. Jennifer Safstrom, VANDERBILT LAW SCHOOL, Nashville, Tennessee, for Amicus Curiae.

_________________

OPINION _________________

CHAD A. READLER, Circuit Judge. While enrolled in pharmacy school, Kimberly Diei was the subject of professionalism complaints regarding her social media posts. Following an No. 23-5771 Diei v. Boyd, et al. Page 2

investigation, a committee at the school voted to expel Diei. She responded by filing suit under 42 U.S.C. § 1983, primarily asserting violations of the First Amendment. The district court dismissed Diei’s complaint. Because she plausibly alleged a free speech violation, we reverse in part and remand.

I.

Kimberly Diei enrolled at the University of Tennessee Health Science Center College of Pharmacy to pursue a doctorate in pharmacy. At the time, Diei maintained social media accounts under the pseudonym “KimmyKasi,” where she posted about song lyrics, fashion, and sexuality. According to Diei, her social media posts neither identified her “as a College of Pharmacy student” nor “indicated any affiliation with the University of Tennessee.” Those accounts would nevertheless put Diei at the center of a school investigation.

Just a month into her studies, Diei was informed by Christa George, Chair of the College’s Professional Conduct Committee, that the Committee had received an anonymous complaint regarding Diei’s social media activity. George explained that the Committee would review the posts to decide whether they violated the “Standards for Student Professionalism Conduct,” requirements Diei asserts she was never provided. Following an investigation, the Committee unanimously held that Diei’s postings were “sexual,” “crude,” and “vulgar” in nature, and thereby violated the College’s professionalism standards. The Committee, however, did not vote to expel Diei.

The following school year, George notified Diei that the Committee had received a second complaint similar to the first. After a hearing, the Committee informed Diei that the content of the newly complained-of posts also violated the Co