A federal judge in California has issued an injunction protecting Bakersfield College History Professor Daymon Johnson from punishment for refusing to endorse “diversity, equity, inclusion, and accessibility” and “anti-racism” ideologies, in a July 7 ruling.
“Professor Johnson’s speech regarding political and social issues, including his speech about Bakersfield College and its preferred ideologies, criticism of other faculty and administrators, and his advocacy and expression related to [Renegade Institute for Liberty], all constitutes speech on matters of public concern and petition protected by the First Amendment from viewpoint discrimination,” states the consent decree containing that ruling.
Johnson is the senior faculty member in RIFL, “a sanctioned organization within Bakersfield College comprised of faculty members dedicated to the pursuit of free speech, open inquiry and critical thinking,” the settlement states.
The order declares that the First Amendment protects Johnson’s right to express “views that are incompatible with Defendants’ DEIA and anti-racist ideologies.”
As The College Fix notes, “Johnson had been self-censoring after the college investigated him for his dissenting views, threatened further investigations, demonstrated hostility toward his positions, and fired his predecessor as RIFL faculty lead for similar speech. Now Professor Johnson can express his views without the threat of investigation or termination.”
Johnson will also receive $150,000 in attorneys’ fees.
The Institute for Free Speech filed the lawsuit three years ago on behalf of Professor Johnson, saying that the college’s policies are unconstitutional and “repressive.”
Professor Johnson responded to the ruling by saying, “After three years, rather than being mandated to value and promote DEI with its neo-Marxist understanding of race, grievance, identity politics, and cloaked affirmative action, I can finally get back to focusing on what I’ve always cared about—teaching history and engaging in the free exchange of ideas.”
IFS Vice President for Litigation Alan Gura noted that “California community colleges tried to make Professor Johnson say things he didn’t believe—under threat of discipline or termination if he refused. That’s a straightforward First Amendment violation.”
“California cannot demand that community college professors conform their speech to an official government ideology—including so-called ‘DEI’ and anti-racist ideologies,” he added.
