Identity of Speakers
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Daymon Johnson
Faculty/Staff
OtherJohnson is a history professor at Bakersfield College and Faculty Lead for the Renegade Institute for Liberty (“RIFL”), "a coalition of Bakersfield College faculty 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. "
Resources
Additional Information
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Incident Nature:
Lawsuit
Other
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Incident Political Orientation:
Right wing -
Incident Responses:
Litigation
Other
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Incident Status:
In litigation Federal District Court
In litigation Federal Court of Appeals
Appealed
- Was Speech Code incident
Summary
In September, 2024, a federal district judge dismissed a lawsuit filed by Bakersfield College history professor Daymon Johnson against Bakersfield College and the Kern Community College District. Johnson claimed he feared KCCD would punish him if he spoke up against complying with and criticizing systemwide rules to ensure employees uphold diversity, equity, inclusion and accessibility, known as DEIA.
The California Community College Chancellor’s office implemented DEIA in 2023. According to a May 2023 memorandum from the Chancellor’s office, “DEIA set a competency and criteria framework that can serve as a minimum standard for evaluating all California Community College employees.”
U.S District Court Judge Kirk Sheriff ruled that Johnson had not adequately alleged that he faced an injury that is ‘actual or imminent.’ Judge Sheriff further wrote, “It is undisputed that Johnson has not faced any sanction or other action by KCCD or the defendants under the provisions he challenges…. As Johnson has failed to establish standing, his complaint must be dismissed without prejudice.” Without prejudice means Johnson may file a second amended complaint within 45 days.
California Community College’s Board of Governors President Amy Costa was pleased with the court’s ruling and issued a statement that read in part, “Today’s decision by the U.S. District Court for the Eastern District of California reaffirms our commitment to DEIA and our efforts to ensure we serve ALL of our students by ensuring our campuses foster belonging,”
In November 2023, U.S. Magistrate Judge Christopher Baker issued a ruling that sided with Johnson, recommending that Bakersfield College be prohibited from investigating, disciplining or firing Johnson over its diversity and inclusion policies. Baker wrote, “It is likely that at some point plaintiff (Johnson) will face consequences if he does not adhere to whatever competencies and criteria are imposed on him through the DEIA regulations.” Baker further recommended that the Eastern District of California deny a motion to dismiss Johnson’s lawsuit.
However, the federal court rejected Judge Baker’s findings and recommendations and dismissed the case. “The Court declines to adopt the findings and recommendations because the Court finds that Johnson has not demonstrated that he has standing to bring this pre-enforcement action,” wrote Judge Sherriff.
In October, 2024, Plaintiff Johnson appealed the US District Court’s decision to the United States Court of Appeals for the Ninth Circuit, where it is still pending.
