Professor who supports free speech sues California school district for allegedly violating his First Amendment rights: 'Professor Johnson refrains from expressing himself on political matters for fear of ... investigations and termination'

A history professor in California is suing his local school district after fellow faculty members and other district officials allegedly violated his First Amendment rights by trying to force him to "adhere to a state-mandated ideology."

The Institute of Free Speech recently filed a federal lawsuit on behalf of Daymon Johnson, a history professor at Bakersfield College, a public community college that is part of the Kern Community College District. Johnson alleged that he has routinely kept his opinions to himself because expressing his true thoughts has already caused trouble with his colleagues and district officials.

"Professor Johnson refrains from expressing himself on political matters for fear of being subjected to further investigations and termination," the lawsuit claimed.

To demonstrate the allegation, the lawsuit referenced a public disagreement between Johnson and fellow BC professor Andrew Bond. In May 2021, Johnson quoted a Facebook message that Bond posted two years earlier, which said, "Maybe Trump’s comment about s***hole countries was a statement of projection because honestly, the US is a f***ing piece of s*** nation. Go ahead and quote me, conservatives. This country has yet to live up to the ideals of its founding documents."

Johnson shared Bond's post in another Facebook page for members of the Renegade Institute for Liberty — a group of BC instructors who value, among other things, "free speech" and "Western tradition" — and asked, "Do you agree with this radical [social justice warrior] from BC’s English Department? Thoughts?" Johnson also suggested in his post that Bond "move to China" and rail against the Chinese Communist Party there "and see how much mileage it gets him."

Several months after Johnson reposted Bond's original message, Bond sued Johnson for "harassment and bullying." That lawsuit led to a lengthy investigation into Johnson at the college, an investigation which ultimately cleared Johnson of any wrongdoing. But the process was still painful and exhausting, and those involved in it warned Johnson that they would "continue to investigate alleged misconduct," the institute said.

"BC administrators investigate and punish faculty who criticize or question their preferred views," the institute added.

Johnson's lawsuit also named as a defendant John Corkins, the Kern Community College District vice president. According to the lawsuit, Corkins has spoken openly about his disdain for wayward faculty members who disapprove of diversity, equity, and inclusion. "They're in that five percent that we have to continue to cull," Corkins reportedly said. "Got them in my livestock operation and that's why we put a rope on some of them and take them to the slaughterhouse."

"That's a fact of life with human nature and so forth, I don't know how to say it any clearer," Corkins reportedly stated.

Corkins later apologized and clarified his intended meaning. "I apologize to anyone who felt threatened or was offended," he said in a statement. "My intent was to emphasize that the individuals who spoke during the public comment portion of the meeting have my full support."

But Johnson's lawsuit countered that the supposed "five percent" who disagree with DEI "are faculty of Bakersfield College" who "must be slaughtered, so to speak," for defying "the school's official ideology." To bolster that point, the lawsuit pointed to Johnson's former colleague in the BC history department, Matthew Garrett, who was fired "after he spoke out publicly against BC’s preferred views." Garrett is fighting his termination and had already filed his own lawsuit against the school in 2021 for allegedly violating his First Amendment rights. In that lawsuit, Garrett was joined by yet another BC instructor, Erin Miller, who is still employed at the school.

In this latest lawsuit against Bakersfield College, Johnson hopes "to block enforcement of unconstitutional, repressive rules and practices that prevent Bakersfield College ... faculty from exercising basic rights to free speech and academic freedom." The lawsuit also seeks recompense for legal fees and other court costs.

"The First Amendment, not wokeism, determines whether speech is protected in America’s government-run schools," said Alan Gura, lead counsel for Johnson and vice president for litigation at the Institute for Free Speech. "The courts should end Bakersfield College’s repressive behavior, and ensure that no member of the school community faces official discipline for offering political views, no matter who dislikes it."

Bakersfield College did not respond to requests for comment from the Daily Mail and Fox News Digital.

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