Be careful what you blog or post.

Words have consequences.  This is even more true in the digital age. 

Recently a nursing student posted a detailed blog post about her experience with an obstetric patient which “attempt at humor was an abject failure . . . Her observations on women, children, motherhood and the birthing process are for the most part, crass and uncouth." Yoder v. Univ. of Louisville, 2009 WL 2406235 (W.D. Ky Aug. 3, 2009).  Yoder was summarily dismissed from the nursing program because of her "internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold on September 7, 2008."  She eventually brought suit under 42 U.S.C. §1983 for violation of her First Amendment right to free speech.  She also argued that a confidentiality agreement she was subject to was unconstitutionally vague.  Further, she alleged that there was also a violation of her Fourteenth Amendment right to due process.  The District Court granted summary judgment in favor of the dismissed nursing student based on contract interpretation and did not make any determinations on the Constitutional issues.  Basically, the District Court ruled that the confidentiality agreement, code of conduct and standards of the nursing profession were either too vague or the facts of the case did not rise to the level of being a violation/breach.

The Court of Appeals, in reviewing this decision, overturned and remanded it back to the District Court.  Yoder v. Univ. of Louisville, 2011 WL 1345051 (6th Cir. April 8, 2011).  Without making a decision on the merits of the case, the Court of Appeals determined that the District Court judge overstepped his authority to fashion a decision mainly because it was based entirely on contract theory, which was not plead by the Plaintiff.  The case has now been remanded back to the District Court to continue the case on the Constitutional issues pled. 

So, as of today the Plaintiff has spent a lot of time and money after being dismissed from the program.  She has, since this lawsuit was started, earned her degree.  She has stated that she will continue seeking damages.  It will be interesting to see the outcome of this case and how the Constitution will impact the reaction to her blog post.  Whatever is the ultimate decision it is unclear yet if it will have a broad impact on other situations.  The moral of the story here is be careful what you blog and post.  Whether you are right or wrong it could have undesirable consequences.