Daymon Johnson is a history professor at a California Community College District. Johnson is an outspoken advocate for free speech who often criticized diversity, equity, inclusion, and accessibility (DEIA) initiatives. He is the faculty lead for a conservative-leaning organization that positions itself as a counterpoint to progressive policies, such as DEIA initiatives, which they argue can suppress free expression and impose ideological conformity.
In May 2021, one of Johnson’s colleagues filed a harassment and bullying complaint against Johnson based on a Facebook post accusing his colleague of being a “critical race theorist” and “social justice warrior.” The District investigated the complaint and ultimately found that Johnson did not violate District policy.
In June 2023, Johnson filed a lawsuit against District officials and the California Community Colleges Chancellor in federal court. He argued that District and statewide DEIA regulations violated his First Amendment rights to free speech and subjected him to discipline in the future for teaching his classes in a manner he claimed would be inconsistent with the DEIA regulations.
Johnson argued that the District officials would apply Education Code sections 87732 and 87735 and the District’s civility policy (Board Policy 3050) against him in a manner that would infringe on his rights to free speech. Sections 87732 and 87735 govern employee discipline for causes such as unprofessional conduct, immoral conduct, or refusal to perform duties. Board Policy 3050 promotes civility and respectful conduct within the college community and prohibits various forms of harassment, intimidation, and aggression. Johnson argued that Board Policy 3050 was impermissibly vague under the First and Fourteenth Amendments.
Johnson also challenged several provisions of title 5 of the California Code of Regulations, which mandate DEIA standards for faculty and staff, and the Chancellor’s DEIA Recommendations, arguing they imposed viewpoint discrimination and compelled speech. The Chancellor’s DEIA Recommendations encourage community colleges to incorporate DEIA principles into faculty evaluations and tenure reviews. The recommendations encourage districts to assess faculty members’ ability to work effectively in diverse environments and promote equity in student outcomes.
Johnson asked the trial court to issue a preliminary injunction prohibiting the District from enforcing Education Code section 87732 and 87735 and Board Policy 3050 against him, and to prevent the State’s DEIA regulations from being applied to him or any other community college faculty member in the District or the state. The District defendants and State Chancellor moved to dismiss Johnson’s complaint, arguing that Johnson lacked standing and failed to state a claim. The trial court referred the motion for preliminary injunction and the motion to dismiss to a magistrate judge for findings and recommendations.
In November 2023, a U.S. magistrate judge recommended that the trial court grant an injunction to prevent the District from investigating, disciplining, or firing Johnson in particular over his political and social speech.
The trial court ultimately declined to adopt the magistrate judge’s recommendations. The trial court ruled that Johnson lacked standing to bring pre-enforcement claims, as he had not demonstrated sufficient imminent or concrete injury. Many of the regulations in question require districts to adopt policies and employ practices consistent with the regulations, but at the time Johnson filed his action, the District had yet to adopt such policies and practices. The trial court also recognized that the government is allowed to state its official position that diversity is a desired goal. The trial court dismissed the case without prejudice, rendering Johnson’s motion for a preliminary injunction moot. Johnson has appealed the dismissal to the Ninth Circuit Court of Appeals.
Johnson v. Watkin (E.D.Cal. Sep. 22, 2024, No. 1:23-cv-00848-KES-CDB) 2024 U.S.Dist.LEXIS 171415.