A woman has won $250K after the educational institution she attended threatened to expel her for posting lyrics from Cardi B’s “WAP” to social media.
Kimberly Diei argued that the University of Tennessee violated her First Amendment rights over social media use. In 2020, Diei posted to X, then known as Twitter, with her version of the popular yet provocative song by the rapper. In the post, she asked if she could be on the remix for the chart-topper.
“I ain’t got that WAP he give gwap so that he can get a lick,” read Diei’s post, as reported by USA Today. “He ain’t my pops, but I call him DAD cuz he got that dop ass dick. @iamcardib @theestallion, let me be on the remix, please.”
She continued to use her social media to express herself freely. She also posted a selfie saying, “Spent all this time getting my hair done just for your man to fuck it up.”
The posts caught the attention of her college, which deemed her social media as “crude, “vulgar,” and “sexual.” In response, the former pharmacy student sued the University, with the help of the Foundation for Individual Rights and Expression, in 2021 for their alleged policing of her off-campus and personal activity.
A district court initially dismissed Diei’s lawsuit in August 2023, claiming the First Amendment did not protect her social media posts. However, a new ruling deemed otherwise last September. Diei expressed her elation at confirming her right to public expression because of the lawsuit’s success.
“This ruling confirms what I’ve known all along,” Diei said in a press release from the foundation. “I have a right to express myself in my private life that’s separate from school, and so do my classmates. I enrolled in pharmacy school to learn, not to have my taste in music and my thoughts on culture policed.”
The woman’s attorney, Greg H. Greubel, also shared that UT learned an “important lesson” about respectability politics in academia.
“UT’s pharmacy school learned an important lesson today. There is nothing unprofessional about students expressing love of hip-hop and their sexuality on social media,” asserted Greubel. “Kim has proven something FIRE has said for 25 years: The First Amendment robustly protects students’ rights to have a voice outside of school, even if college administrators don’t like what they have to say.”
Diei remains an unabashed personality on social media, telling her “haters” about her “250,000 reasons to smile.”
“It’s at this time that I want to sincerely extend a shout-out to my haters,” shared the pharmacist. “Please continue to watch my page and get mad at every single post that you see. Though you are still unknown to me at this time because you chose to file anonymous reports.Throwing stones and hiding your hand. I hope my continued success in the future eats you up inside and you think about me every single time you log on.”
The woman added, “Karma will handle you better than I ever could, so please remain anonymous because I do not wish to be tempted. Thank you again for giving me 250,000 reasons to smile.”
With her new funds, Diei told the news outlet she plans to pay off her student loans, invest the money, and take a vacation.
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