ORLANDO, Fl. – Nick Lutz received a four-page, handwritten apology letter from his ex-girlfriend back in February.
Still hurt from their breakup – and by her spelling and grammar – Lutz decided to “grade” her effort.
He gave her a D-minus and the Internet loved it.
Naturally, the post went viral and was shared more than 121,000 times and liked nearly 338,000 times.
Months later, the University of Central Florida decided to suspend the rising senior, saying that his post “violated the student code of conduct for being ‘disruptive’ and ‘harmful,'” according to the Washington Post.
Lutz’s attorney Jacob Stuart claims that the school’s decision is unconstitutional and violates his rights to free speech.
“There was nothing derogatory about it,” Stuart told the Miami Herald. “It was obvious he was making fun of her, but that’s the beauty of the constitution.”
In an appeal letter, Stuart said that the speech in Lutz’s tweet is constitutionally protected because it “did not say anything demeaning, derogatory or threatening.”
He also argued that if the university were to act on every instance of “social media trolling,” many other students would also be suspended.
Lutz is suspended from classes for both the summer and fall 2017 semesters. He is also under probation until he graduates and was assigned a mentor. He also has to create a presentation on the impact of his actions and write a five-page paper on how this type of behavior would affect the future.
In an interview with WFTV9, Lutz said that the intention behind his tweet was not malicious.
Lutz told them that although he once felt “guilty,” he does not regret posting the tweet.
It is still pinned to the top of his Twitter page.