CASE NAME

Johnson v. Watkin et al

Overview

Johnson the decision of the U.S. District Court, which dismissed his for lack of .

Details

Johnson, a community college professor in California opposes the college's approach to DEI and antiracism, and claims that the college punishes professors for engaging in social and political speech that goes against the college's ideology.

Johnson argues that the district judge erred by failing to acknowledge that Johnson was, in fact, compelled to speak contrary to his conscience.

The college argues that the district court properly dismissed the case for lack of. They argue that Johnson has not shown a real risk of being punished by the college and has not claimed that anything he has done would violate the disputed regulations.

On July 14, 2025, the court of appeals reversed the district court's decision to dismiss Johnson's free speech claim because he sufficiently alleged an intent to engage in conduct with a constitutional interest under the First Amendment. The provisions put in place by the college "arguably proscribed" Johnson's intended conduct, and the court stated that he was able to adequately allege a "credible threat" of punishment under these provisions.

As a result, the court of appeals sent the case back to the district court to decide on Johnson's for a .

Court

Ninth Circuit Court of Appeals

Status

Filed October 02, 2024 | Decided