College Cannot Force CA Professor To Embed DEI Practices In Classroom, Judge Rules

Authored by Jennifer Kabbany via The College Fix,

A California community college professor cannot be required to embed diversity, equity, inclusion and accessibility practices in his classroom, a federal judge has ruled.

The decision is the latest development in a nearly three-year-old lawsuit filed by Daymon Johnson, a history professor at Bakersfield College, part of the Kern Community College District.

Johnson is also faculty lead of the Renegade Institute for Liberty.

Two California Code of Regulations provisions would require Johnson to employ teaching, learning, and professional practices reflecting diversity, equity, inclusion and accessibility, or DEIA, as well as mandate the professor establish proficiency in DEI to teach or lead within California’s community colleges, the decision states.

But a faculty institute that Johnson leads does not conform to DEI concepts, as it is “dedicated to the pursuit of free speech, open inquiry, critical thinking to advance American ideals within the broader Western tradition of meritocracy, individual agency, civic virtue, liberty of conscience and free markets,” its website states.

“Johnson alleges that the DEIA regulations compel his speech and discriminate against his viewpoint in violation of the First Amendment,”  wrote U.S. District Judge Kirk Sherriff.

“He alleges that he fears either being compelled to express a viewpoint with which he disagrees or being punished if he continues to refuse to express defendants’ desired viewpoint or if he expresses his contrary views,” the judge wrote. 

Judge Sheriff agreed with that concern, and granted on Feb. 20 Johnson’s motion for a preliminary injunction that blocks college leaders from “investigating, disciplining, or terminating the history professor based on any of his speech in the classroom, his scholarship, or as a private citizen,” the scholar’s attorneys stated in a Feb. 23 news release.

Sheriff’s 27-page ruling stated: “Johnson has credibly identified specific speech that he reasonably fears would be proscribed by the DEIA regulations. And as the Ninth Circuit has found, he ‘has established a ‘concrete plan to violate the law’ based on his allegations regarding his desired speech and his refusal to express support for [DEIA] principles.’”

The Ninth Circuit in July 2025 had ruled Johnson could continue his lawsuit over the college district’s objections.

“The First Amendment forbids California from demanding that community college professors conform their speech to an official government ideology—including so-called ‘DEI’ and anti-racist ideologies,” said Institute for Free Speech Vice President for Litigation Alan Gura, lead counsel for Johnson, in a news release.

However, the judge did rule district leaders can require Johnson take mandatory DEI training as a requirement to participate on faculty screening committees, Courthouse News Service reported.

Kern Community College District leaders did not respond to an email from The College Fix on Tuesday requesting comment on the decision.

“The ruling is temporary, since it came in the form of a preliminary injunction, meaning the case is active and can still proceed to trial,” Courthouse News reported.

Reached for comment, a Kern district spokesperson told The Fix officials have received the court’s ruling regarding the motion for a preliminary injunction in the Johnson case. 

“Our focus remains on ensuring a stable and productive environment for our entire campus community. In alignment with our core values, we remain dedicated to fostering an inclusive learning environment that celebrates the diversity of people, ideas, and learning styles. The District remains committed to legal compliance while fulfilling our mission of academic excellence and service to our students. As this is an ongoing legal matter, no further comments will be provided at this time,” the statement read.