California Community Colleges retreat from enforcing DEI mandates after free speech lawsuit
The California Community Colleges system recently decided not to enforce a pro-Diversity, Equity and Inclusion mandate that could have required professors to endorse DEI concepts and teach them in classes.
The decision follows a 2023 lawsuit against the pro-DEI policy that was filed by a First Amendment advocacy group, the Foundation for Individual Rights and Expression (FIRE).
The California Community Colleges system recently decided not to enforce a pro-Diversity, Equity and Inclusion (DEI) mandate that could have required professors to endorse DEI concepts and teach them in classes.
The decision follows a 2023 lawsuit against the pro-DEI policy that was filed by a First Amendment advocacy group, the Foundation for Individual Rights and Expression (FIRE).
“We sued on behalf of six community college professors because a fair reading of the DEI Rules and guidance documents released by the California Community Colleges Chancellor’s Office indicated that California planned to force its more than 50,000 community college professors to teach and endorse politicized concepts like anti-racism in the classroom,” FIRE attorney Daniel Ortner told Campus Reform.
Ortner stated that, following the initial lawsuit, college officials backed off of the stronger interpretation of their policy, stating that professors would not be required to teach DEI concepts. In the face of this softer interpretation, the school’s policy was upheld.
“But in court, both the Chancellor’s Office and State Center Community College District repeatedly represented that the DEI Rules did not regulate our client’s classroom speech, require them to change what they teach, or limit their ability to express criticism of DEI concepts like anti-racism,” Ortner continued.
“The court accepted these assurances and read the DEI Rules narrowly to not require professors to alter the substance of what they teach” Ortner concluded. “[W]e achieved our aim and protected our client’s rights and the rights of other community college professors in California.”
A recent survey conducted by FIRE found that around 50 percent of faculty believe it is either “rarely” or “never” justifiable for universities to force faculty candidates to commit to DEI via DEI statements before hiring or promotion.
The initial lawsuit which spurred the change, filed in August 2023, accused the California Community Colleges system of forcing “professors to endorse the government’s view on politically charged questions regarding diversity, equity, inclusion, and accessibility,” thus violating their First Amendment right to freedom of speech.
“FIRE will be watching like a hawk to ensure that the state chancellor and district live up to their word,” FIRE attorney Zach Silver said in a press release. “If they force any professors to parrot the state’s DEI views, or punish them for criticizing the state’s position, we’ll be ready to stand up for their rights.”
Campus Reform has contacted the California Community Colleges system for comment. This article will be updated accordingly.
