The Institute for Free Speech, representing Professor Daymon Johnson of Bakersfield College, announced a settlement with the Kern Community College District in the federal lawsuit Johnson v. Fliger. The case challenged California regulations requiring community college faculty to "employ teaching, learning, and professional practices that reflect diversity, equity, inclusion, and accessibility (DEIA) and anti-racist principles," as well as to demonstrate "proficiency in DEIA-related performance to teach, work, or lead within California community colleges."

Professor Johnson, a history professor and member of the Renegade Institute for Liberty (RIFL), refused to endorse the government-mandated DEIA ideology and faced potential termination. Under the settlement reached in July 2026, a preliminary injunction issued by a federal court in February 2026 will be converted into a permanent injunction lasting five years. This bars officials from investigating, disciplining, or terminating Johnson based on his speech in the classroom, scholarship, or as a private citizen.

Additionally, the settlement includes a $150,000 payment for attorneys' fees. Johnson had stated he could not complete the DEIA training due to disagreement with its mandated ideology and had refrained from applying to serve on committees or completing the training. However, the court noted that the requirement to complete DEIA training to serve on committees does not implicate First Amendment rights, as the government may express its views through employee training without requiring personal endorsement.

The case highlights ongoing legal debates about the scope of First Amendment protections for public college faculty, especially concerning speech related to teaching and scholarship.

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