California Judge Rules Against Mandatory DEI Policies for Professor

Bakersfield College professor wins preliminary injunction against being forced to embed DEI practices in his classroom

Published on Feb. 25, 2026

Got story updates? Submit your updates here. ›

A federal judge in California has ruled that a community college professor cannot be required to embed diversity, equity, inclusion and accessibility (DEIA) practices in his classroom. The decision is a victory for Daymon Johnson, a history professor at Bakersfield College, who filed a lawsuit challenging the regulations. The judge granted Johnson's motion for a preliminary injunction, blocking the college from investigating, disciplining or terminating him based on his speech in the classroom, his scholarship or as a private citizen.

Why it matters

This case highlights the ongoing debate over the role of DEI initiatives in higher education, with some arguing they infringe on academic freedom and free speech. The ruling is a setback for colleges seeking to mandate DEIA practices, though the case may still proceed to trial.

The details

The lawsuit was filed by Daymon Johnson, a history professor at Bakersfield College, who is also the faculty lead of the Renegade Institute for Liberty. Johnson challenged two California regulations that would require him to employ DEIA practices in his teaching and establish proficiency in DEI. The judge agreed that these regulations compelled Johnson's speech and discriminated against his viewpoint in violation of the First Amendment. The judge granted Johnson's motion for a preliminary injunction, blocking the college from taking any adverse action against him based on his speech. However, the judge did rule that the college can still require Johnson to take mandatory DEI training to participate on faculty screening committees.

  • The lawsuit was filed nearly three years ago, in 2023.
  • On February 20, 2026, the judge granted Johnson's motion for a preliminary injunction.
  • In July 2025, the Ninth Circuit had ruled that Johnson could continue his lawsuit over the college district's objections.

The players

Daymon Johnson

A history professor at Bakersfield College and the faculty lead of the Renegade Institute for Liberty, which is dedicated to free speech, open inquiry and critical thinking.

Kern Community College District

The community college district that oversees Bakersfield College and was sued by Johnson over its DEIA regulations.

U.S. District Judge Kirk Sherriff

The federal judge who granted Johnson's motion for a preliminary injunction, blocking the college from taking adverse action against him based on his speech.

Institute for Free Speech

The organization that represented Johnson in the lawsuit, arguing the DEIA regulations violated his First Amendment rights.

Alan Gura

The lead counsel for Johnson and the Vice President for Litigation at the Institute for Free Speech.

Got photos? Submit your photos here. ›

What they’re saying

“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.”

— Alan Gura, Vice President for Litigation, Institute for Free Speech (News release)

“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.'”

— U.S. District Judge Kirk Sherriff (Court ruling)

What’s next

The ruling is temporary, as it came in the form of a preliminary injunction, meaning the case is still active and can proceed to trial.

The takeaway

This case highlights the ongoing tension between academic freedom and DEI initiatives in higher education, with the judge siding with the professor's First Amendment rights. It remains to be seen how this issue will be resolved as the case moves forward.