Bakersfield, CA — Bakersfield College History Professor Daymon Johnson has triumphed in his three-year legal battle against requirements that he endorse California’s official ideology of “diversity, equity, inclusion, and accessibility (DEIA)” and “anti-racism.”

Johnson has secured a settlement that makes his First Amendment protections permanent—and includes a $150,000 payment for attorneys’ fees.

Kern Community College District has agreed to settle Johnson v. Fliger, a federal lawsuit brought by the Institute for Free Speech on behalf of Professor Johnson. Under the settlement, the preliminary injunction that a federal court entered in February 2026 will be converted into a permanent injunction for a period of five years, barring officials from investigating, disciplining, or terminating Johnson based on his speech in the classroom, in his scholarship, or as a private citizen.

“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,” said Institute for Free Speech Vice President for Litigation Alan Gura, lead counsel for Johnson. “California cannot demand that community college professors conform their speech to an official government ideology—including so-called ‘DEI’ and anti-racist ideologies. Professor Johnson spent years fighting for the First Amendment right that every American professor should take for granted: the right to teach honestly, think freely, and speak his mind without being forced to endorse a government-approved belief system.”

Specifically, the case challenged California regulations requiring community college faculty to “employ teaching, learning, and professional practices that reflect DEIA and anti-racist principles” and to demonstrate “proficiency in DEIA-related performance to teach, work, or lead within California community colleges.” Professor Johnson, a member of the dissident faculty organization the Renegade Institute for Liberty (RIFL), refused to support the government-mandated views and faced the threat of termination as a result.

After a district court dismissed the case in 2023, the U.S. Court of Appeals for the Ninth Circuit reversed that decision, finding that Johnson had standing to challenge the regulations. On remand, the district court agreed that Johnson’s intended speech—including classroom instruction, scholarship, RIFL activities, and off-duty commentary—is protected by the First Amendment.

In February 2026, U.S. District Judge Kirk E. Sherriff granted a preliminary injunction, finding that Johnson was likely to succeed on the merits and that California’s DEIA mandates likely violate the First Amendment by compelling him to endorse the government’s preferred viewpoint under threat of termination.

The settlement converts that protection into a permanent injunction. The court will retain jurisdiction to enforce the order for five years.

“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,” said Professor Daymon Johnson. “I never should have been put in the position of choosing between my livelihood and my First Amendment rights. I’m grateful to the Institute for Free Speech for standing with me and for the excellent work that led to this outcome. I hope this settlement sends a message to college officials across California: faculty cannot be compelled to endorse political ideologies they don’t believe.”

Under the settlement, Kern Community College District will pay $150,000 in attorneys’ fees, costs, and expenses to the Institute for Free Speech. The permanent injunction prohibits officials from enforcing the challenged DEIA regulations—California Code of Regulations title 5, sections 53602(b) and 53605(a), and the corresponding provisions of California Education Code section 87732(f)—against Johnson based on his proposed social or political speech for the anticipated duration of his time at Bakersfield College.

To read the settlement agreement in Johnson v. Fliger, et al., click here. To visit our case page, which includes all filings, client photos, and other case resources, click here.

About the Institute for Free Speech

The Institute for Free Speech promotes and defends the political speech rights to freely speak, assemble, publish, and petition the government guaranteed by the First Amendment.